Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEETH CONGRESS
First Regular Session

HOUSE BILLNo, 5447

[ Introduced by Representative Florida P. Robes

EXPLANATORY NOTE

When one takes the witness stand to give his/her testimony for or
against a person or an issue, that person swears to tell the truth and
nothing but the truth, even imploring the guidance of Almighty God. But
what happens if that same person recants his or her statements? Will
his/her new testimony have a probative value?

A recantation is defined as "the renunciation or formal and public
withdrawal of a prior statement of a witness which Purports to be a
mockery of the court and would place the investigation of truth at
the mercy of unscrupulous witnesses." According to legal experts, a
recantation obviously generates a suspicion in the mind of a judge ora
decision maker as to the veracity of the testimony. Aside from mocking
the wheels of justice, this person, because of his false testimony or lying
under oath, mars the reputation of either the accused or the defendant.
In other words, recantation may constitute falsehood or lying.

Although the Revised Penal Code provides a penalty for false
testimony or perjury, there is a need to provide heavier sanctions in the
light of recent cases, specifically in legislative proceedings, where people
became so callous of issuing affidavits or statements, written or oral,
without thinking of the repercussions for their actions. People nowadays
can easily retract their statements especially in judicial and legislative


Proceedings. Most do so as a form of vendetta or they may fallen to a
trap of bribery.

Hence, this legislative proposal seeks the imposition of a higher
penalty than that prescribed under the Revised Penal Code for falsely
testifying or lying under oath or in solemn affirmation in judicial,
legislative and other similar Proceedings in order to deter anyone for
maliciously providing information to thwart the truth and making a
mockery of our justice system. As such, its passage into law is pivotal and
immediate.

FLORIA P. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEETH CONGRESS
First Regular Session

HOUSE BILL No. 5447

[ Introduced by Representative Florida P. Robes

AN ACT IMPOSING HIGHER PENALTY TO THE CRIME OF PERJURY,
AMENDING FOR THIS PURPOSE RELEVANT PROVISIONS OF THE
REVISED PENAL CODE

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

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

“Art. 183. False Testimony and perjury in legislative inquiries
and other cases. - The penalty of PRISION MAYOR IN ITS
MINIMUM PERIOD TO PRISION MAYOR IN ITS MEDIUM
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.

ANY PERSON WHO SHALL INCRIMINATE OR IMPUTE, THROUGH
A FALSE TESTIMONY OR UNTRUTHFUL STATEMENTS UNDER
OATH OR THROUGH AN AFFIDAVIT, ANY PERSON SHALL
SUFFER THE SAME PENALTY SIMILAR 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
DISQUALIFICATION FROM HOLDING ANY APPOINTIVE OR
ELECTIVE POSITION IN THE GOVERNMENT OR IN ANY AGENCY,
ENTITY OR INSTRUMENETALITY 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 HOLIDNG ANY
APPOINTIVE OR ELECTIVE POSITION IN THE GOVERNMENT OR
ANY AGENCY, ENTITY OR INSTRUMENTALITY THEREOF.

SEC. 4. Separability Clause. - If, for any reason, any part or
provision of this Act is declared invalid or unconstitutional, the remaining
Parts or provisions not affected thereby shall remain in full force and
effect.

SEC. 5. Repealing Clause. - 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. Further, all other laws, presidential


decrees, executive orders, rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 6. Effe ity. - This Act shall take effect fifteen (15) days
after its publication in two (2) newspapers of general circulation.

Approved,