Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH (157) CONGRESS
First Regular Session

House Bill No.4894

Introduced by HONORABLE ANTONIO C. ALVAREZ

EXPLANATORY NOTE

“A lying witness can make as positive an identification as a truthful
witness can. The lying witness can also say as forthrightly and
unequivocally, "He did it!” without blinking an eye. "!1

In our criminal justice system, the testimony of a witness, especially
that of an eyewitness, is crucial. The direct and positive identification by a
witness is given considerable weight by our courts. In the same vein,
prosecutors most of the time rely on testimonies under oath or sworn
affidavits in finding probable cause for the purpose of filing an information
before the courts. It is therefore a fundamental rule that sworn testimonies
should be honest and should not leave any room for any inconsistency and
untruthfulness,

Testimonies before the court and sworn affidavits are made under the
sacred oath of truth. However, it is worrying that the sacredness of
statements made before the courts, and that of sworn affidavits are being
disregarded. The assertion of falsehood, under oath or affirmation, is
becoming prevalent. False testimonies and sworn statements are sometimes
being used to support malicious complaints with the intent of harassing and
persecuting innocent persons. This pernicious practice is aimed not only to
harass innocent persons but put them behind bars and make their families
suffer. It is noteworthy that because of these untruthful and inconsistent
statements, we have witnessed how some men were robbed of their youth
and freedom for a long period of time only to be freed later on account that
the reason for their incarceration was based on a "polluted source’.

‘The prevalence of untruthful testimonies and statements may not be

" Luan venus PEOPLE OF THE PHILPPOIES. GR. Ho. 176389, Decembe 142010.

1


possible if only public officials and employees are responsible enough and in
their vigilance in their quest for the truth, should uphold the rule of law and
not their thirst for victory at the expense of another. However, it is
distressing that sometimes it is the public officials and employees
themselves who encourage, induce or even force a person to assert
falsehood under oath.

Some public prosecutors, in violation of the code of their profession?,
instead of making sure that justice is done suppress facts and conceal
witnesses capable of establishing the innocence of the accused. Sometimes
they even offer false testimonies and perjured witnesses to support their
unfounded charges. Thus, the duty to uphold the truth is being set aside in
order to further their evil designs or that of their bosses or sometimes just
to have a closure on a case.

This bill seeks to deter the commission of the crimes of false testimony
and perjury in solemn affirmation and uphold the sacredness of oath in
testimonies and swom statements by increasing the penalty for their commission,
amending for the purpose Articles 180,183 and 184 of the Revised Penal Code, as.
amended. Likewise, public official or employees who facilitate or induce
another person to commit the said crimes shall be likewise be held liable and
perpetually disqualified from holding a public office or employment.

In view of the foregoing, early passage of this measure is eamestly

requested.

* Rule 6.01, Conon 6a he Code of Plena espenaisiy


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH (15") CONGRESS
First Regular Session

House Bill No 4894

Introduced by HONORABLE ANTONIO C. ALVAREZ

AN ACT
TO AMEND ARTICLES 180,183 AND 184
OF SECTION TWO, CHAPTER TWO, TITLE FOUR OF
‘ACT NO. 3815,
OTHERWISE KNOWN AS
THE REVISED PENAL CODE, AS AMENDED.

Be it enacted by the Senate and the House of Representatives of
the Philippines in Congress assembled:

SEC. 1. Section 180 of Act No. 3815, as amended, is hereby
further amended to read as follows:

“Art. 180. False testimony against a defendant. —
Any person who shall give false testimony
against the defendant in any criminal case
shall suffer [:

1. The penalty of reclusion temporal, if the
defendant in said case shall have been
sentenced to death;

2 The penalty of prision mayor, if the
defendant shall have been sentenced to
reclusion temporal or reclusion perpetua;

3. The penalty of prision correccional, if the
defendant shall have been sentenced to any
other afflictive penalty; and

4.The penalty of arresto mayor, if the
defendant shall have been sentenced to a
correctional penalty or a fine, or shall have
been acquitted.) THE SAME PENALTY FOR


‘THE FELONY THE DEFENDANT IS BEING
ACCUSED OF. PROVIDED, THAT, IF THE
PERSON WHO WILL INDUCE OR ORDER
THE COMMISSION OF THIS FELONY IS A
PUBLIC OFFICER OR EMPLOYEE, THE
PENALTY SHALL BE IMPOSED IN ITS
MAXIMUM PERIOD. PROVIDED, FURTHER,
THAT, THE OFFENDER SHALL SUFFER A
FINE NOT TO EXCEED ONE MILLION
PESOS (Php  1,000,000.00) AND
PERPETUAL ABSOLUTE
DISQUALIFICATION FROM HOLDING ANY
APPOINTIVE OR ELECTIVE POSITION IN
THE GOVERNMENT OR IN ANY AGENCY,
ENTITY OR INSTRUMENTALITY THEREOF.

[In cases provided in subdivisions 3 and
4 of this article the offender shall further suffer
a fine not to exceed 1,000 pesos."]

SEC. 2. Section 183 of the same Act, as amended, is hereby
further amended to read as follows:

"Art. 183. False testimony in other cases and perjury in
solemn affirmation. — The penalty of arresto mayor
in its maximum period to prision correccional in its
minimum period shall be imposed upon any person,
who knowingly makes 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.

ANY PERSON WHO SHALL INCRIMINATE OR
IMPUTE, THROUGH FALSE TESTIMONY OR
UNTRUTHFUL STATEMENTS UNDER OATH OR
THROUGH AN AFFIDAVIT, ANY PERSON THE
COMMISSION OF A CRIME SHALL SUFFER THE
SAME PENALTY AS THAT BEING IMPOSED TO
THE CRIME HE IS IMPUTING. PROVIDED, THAT,
IF 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, FURTHER, THAT, THE OFFENDER
SHALL ALSO SUFFER A FINE NOT TO EXCEED
ONE MILLION PESOS {Php 1,000,000.00) AND
PERPETUAL ABSOLUTE DISQUALIFICATION
FROM HOLDING ANY APPOINTIVE OR ELECTIVE
POSITION IN THE GOVERNMENT OR IN ANY
AGENCY, ENTITY OR INSTRUMENTALITY
‘THEREOF.

SEC. 3. Section 184 of the same Act, as amended, is hereby
further amended to read as follows:

“Art. 184. Offering false testimony in evidence. — Any
person who shall knowingly offer in evidence a false
witness or testimony in any judicial or official
proceeding, shall be punished as guilty of false
testimony and shall suffer the respective penalties
provided in this section. IF THE PERSON WHO
OFFERED THE FALSE TESTIMONY AS EVIDENCE
IS A PUBLIC OFFICER OR EMPLOYEE, THE
PENALTY SHALL BE IMPOSED IN ITS MAXIMUM
PERIOD. IN ADDITION THERETO, IF THE
OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE,
HE SHALL ALSO SUFFER A FINE NOT TO EXCEED
ONE MILLION PESOS (Php 1,000,000.00) AND
PERPETUAL ABSOLUTE DISQUALIFICATION
FROM HOLDING ANY APPOINTIVE OR ELECTIVE
POSITION IN THE GOVERNMENT OR ANY AGENCY,
ENTITY OR INSTRUMENTALITY THEREOF.

SEC. 4. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions thereof.

SEC. 5. Repealing Clause. - All laws, decrees, orders and issuances or
portion thereof which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

____ SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general circulation.

Approved,