Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16 CONGRESS
First Regular Session

2851

House Bill No.

Introduced by HON. FRANZ E, 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. "I

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
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

1 LEsAKO versus PEOPLE OF THE PHILIPPINES, 6.8 No, 176389, December 14,2010.


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 profession2,
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 sworn 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 earnestly
requested.

FRANZ E.’ALVAREZ

2 rele 6.01, Cenon 6 of he Code of PoesslonalResponsiity


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 testifi
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


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16% CONGRESS
First Regular Session

House Bill No,_2851

Introduced by HONORABLE FRANZ E. 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


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,