Article 183 of the Revised Penal Code: Perjury
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 11594 (Wording as amended by this law.)
What does Article 183 say?
The penalty of prision mayor in its minimum period shall be imposed upon any person who, knowingly making untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein: Provided, That is the person responsible for the commission of this felony is a public officer or employee, the penalty shall be imposed in its maximum period: Provided, finally, That the offender shall also suffer a fine not to exceed One million pesos (P1,000,000.00) and perpetual absolute disqualification from holding any appointive or elective position in the government or in any agency, entity, or instrumentality thereof.
What does it mean in plain language?
Article 183 punishes perjury: knowingly lying under oath, or in an affidavit, about a material matter, before an officer who can administer oaths, in cases where the law requires the oath. The penalty is prision mayor in its minimum period (6 years and 1 day to 8 years). Since Republic Act No. 11594 (2021), the offender also faces a fine of up to ₱1,000,000 and perpetual absolute disqualification from any appointive or elective government position.
The first paragraph defines the crime:
The penalty of prision mayor in its minimum period shall be imposed upon any person who, knowingly making untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires.
"Not being included in the provisions of the next preceding articles" means Article 183 covers false statements under oath that are not false testimony in a criminal or civil case, which the earlier articles punish.
How does it work in real life?
Nilo: a false complaint-affidavit
Nilo signs and swears to a complaint-affidavit before a prosecutor, stating facts he knows are false about who hit him. The affidavit is made for a legal purpose and the false facts are the main point of the complaint. This can be perjury under Article 183.
Carla: a wrong address by mistake
Carla swears to an affidavit and writes an old address by honest mistake. Perjury needs a willful and deliberate assertion of a falsehood. An honest error is not a deliberate lie, though the court looks at all the facts.
Rommel: a government employee
Rommel, a government employee, knowingly lies in a sworn statement required by law. Because he is a public employee, Article 183 says the penalty is imposed in its maximum period, together with the fine and the perpetual disqualification.
What does this mean in practice?
- Affidavits are serious. An affidavit sworn before a notary or prosecutor is covered when it is required by law or made for a legal purpose.
- Deliberate lies only. The falsehood must be willful and deliberate, and on a material matter.
- Deadlines. Time limits for filing a criminal case are in Article 90; see prescription of crimes.
- Related crimes. A false sworn document used to get money may also involve estafa. False documents are covered by falsification.
What are the elements of perjury?
In Saulo v. People (2020), the Supreme Court approved the Court of Appeals' statement of the elements:
| Element | What it means |
|---|---|
| (a) | The accused made a statement under oath or executed an affidavit upon a material matter |
| (b) | It was made before a competent officer authorized to receive and administer oaths |
| (c) | In it, the accused made a willful and deliberate assertion of a falsehood |
| (d) | The sworn statement or affidavit is required by law or made for a legal purpose |
What is a "material matter"?
As quoted with approval in Saulo, a material matter is "the main fact subject of the inquiry, or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony related to the subject of the inquiry, or which legitimately affects the credence of any witness who testified."
A false statement about a side detail that has nothing to do with the issue may not be a material matter. Whether a statement is material is for the court to decide.
What is the penalty after Republic Act No. 11594?
| Offender | Penalty |
|---|---|
| Any person | Prision mayor in its minimum period (6 years and 1 day to 8 years) |
| Public officer or employee | The penalty "imposed in its maximum period" |
| Every offender, in addition | A fine not exceeding ₱1,000,000 and perpetual absolute disqualification from holding any appointive or elective position in the government or in any agency, entity or instrumentality of it |
These additions come from the second paragraph as rewritten by Republic Act No. 11594 (2021). The law prints them as provisos at the end of that paragraph, after the rule on solemn affirmations; how they apply in a given case is for the court. The same law also amended Article 184, which punishes knowingly offering a false witness or false testimony in evidence in a judicial or official proceeding. Older cases on acts before the 2021 law applied the older penalty.
Does it cover a solemn affirmation?
Yes. Some people affirm instead of swearing an oath. The second paragraph of Article 183 says that a person who commits any of these falsehoods in a solemn affirmation made in lieu of an oath suffers the same penalties.
Frequently asked questions
What is perjury in the Philippines?
Under Article 183, perjury is knowingly making untruthful statements under oath, or in an affidavit, upon a material matter before a competent person authorized to administer an oath, in cases where the law requires it.
What is the penalty for perjury?
Prision mayor in its minimum period (6 years and 1 day to 8 years). Under Republic Act No. 11594 (2021), the offender also suffers a fine not exceeding ₱1,000,000 and perpetual absolute disqualification from holding any appointive or elective position in the government. If the offender is a public officer or employee, the penalty is imposed in its maximum period.
What are the elements of perjury?
As quoted with approval by the Supreme Court in Saulo v. People (2020): a statement under oath or an affidavit upon a material matter; made before a competent officer authorized to receive and administer oaths; a willful and deliberate assertion of a falsehood; and the sworn statement or affidavit is required by law or made for a legal purpose.
What is a material matter?
As quoted with approval in Saulo, it is the main fact subject of the inquiry, or any circumstance that tends to prove that fact, or that tends to corroborate or strengthen the testimony, or that legitimately affects the credence of any witness.
Does perjury apply to a solemn affirmation instead of an oath?
Yes. The second paragraph of Article 183 applies the same penalties to falsehoods made in a solemn affirmation in lieu of an oath.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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