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SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 12 9 2 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The freedom of our people to express their criticisms against the government and 
file administrative. and criminal complaints against erring public officials is a 
testament that democracy truly flourishes in our country. 
On one hand, this 
empowers our people in ensuring that the authority given to our officials are not 
abused; on the other hand, it opens a pandora's box of irresponsible, whimsical 
or ill-intended complaints. 
There is an unfortunate portrayal of our public officials as corrupt, immoral and/or 
incompetent individuals; but what-escapes the public eye is the inauspicious 
cases where public officials are victims of false complaints. Such complaints are 
products of either careless pin-poiriting, or much worse, intentional and malicious 
demolition jobs. Regardless of the outcome of the case, it is often difficult for 
these officials to regain the image and respect that they used to enjoy. 
To rightfully protect the rights of our public servants, this measure penalizes false 
accusers of public officials. Further, it provides stiffer penalties if it is proven that 
the intention of the false complaint is to gain leverage against a public officer to 
be able to gain advantage in a government contract or to receive a favorable 
decision or resolution in an ongoing dispute, controversy or matter where the 
said official is the governing authority. 
This measure was submitted jointly by the Committees on Justice and Human 
Rights, and Constitutional Amendments, Revision of Codes and Laws in the 
Fifteenth Congress. However, it was overtaken by events and was not passed 
into law. 
The immediate passage of this bill is earnestly sought. 
OY EJERCITO ESTRADA 
Senator 


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,:iemltl' 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
llllff" •• 1 tit. ;!om.b" ' 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUb 15 A8 :40 
SENATE 
Senate Bill No. 12 9 2 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING ARTICLE 183 OF ACT NO. 3815, AS AMENDED"DECLARING 
THE FILING OF FALSE COMPLAINTS AGAINST PUBLIC OFFICERS AS AN 
AGGRAVATING CIRCUMSTANCE OF PERJURY 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Article 183 of Act No. 3815, as amended, is 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 make 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 made in this 
and the three preceding articles of this section, shall suffer the 
respective penalties provided therein. 
"A PERSON WHO KNOWINGLY FILES A FALSE COMPLAINT 
AGAINST A PUBLIC OFFICER OF A GOVERNMENT AGENCY 
OR 
ANY 
OF 
ITS 
SUBSIDIARIES 
INCLUDING 
LOCAL 
GOVERNMENT UNITS S,HALL SUFFER THE PENALTY OF 
PRISION MA YOR IN ITS MINIMUM TO ITS MEDIUM PERIOD 
AND PAY A FINE OF FIFTY THOUSAND PESOS (P50,OOO.OO) 
OR BOTH AT THE DISCRETION OF THE COURT. 
"IF DURING THE COURSE OF THE INVESTIGATION OR TRIAL 
iT IS PROVEN THAT iHE: 'FALSE COMPLAINT WAS USED BY 
THE ACCUSER AS A LEVERAGE AGAINST THE PUBLIC 
OFFICER 
IN 
ORDER 
TO 
GAIN 
ADVANTAGE 
IN 
A 
GOVERNMENT CONTRACT OR TO RECEIVE A FAVORABLE 
DECISION OR RESOLUTION IN, AN ONGOING DISPUTE, 
CONTROVERSY OR MATTER WHERE THE LATTER IS THE 
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GOVERNING AUTHORITY, THE FORMER SHALL SUFFER A 
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PENALTY OF PRISION MAYOR IN ITS MINIMUM TO ITS 
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MAXIMUM PERIOD AND PAY A FINE OF ONE HUNDRED 
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THOUSAND 
PESOS 
(P100,OOO.OO) 
OR 
BOTH 
AT 
THE 
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DISCRETION OF THE COURT." 
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SEC. 2. Definition of Terms. - As used in this Act: 
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(a) "Public Officer" refers to a person whose duties, not being of a clerical or 
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manual nature, involves the exercise of discretion in the performance of 
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the functions of the government. When used with reference to a person 
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having authority to do a particular act or perform a particular function in 
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the exercise of government power, "officers" includes any government 
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employee, agent or body having authority to do the act or exercise that 
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function; 
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(b) "Government" refers to the corporate governmental entity through which 
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the functions of the government are exercised throughout the Philippines, 
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including, save as the contrary appears from the context, the various arms 
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through which political authority is made effective in the Philippines, 
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whether pertaining to the autonomous regions, the provincial, city, 
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municipal or barangay subdivisions or other forms of local government; 
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(c) "Complaint" shall refer to a sworn statement in writing executed by any 
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person for the purpose of charging a public officer with a fabricated or 
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untruthful or false offense, .... 
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SEC. 3. Separability Clause. - If any portion or provision of this Act is declared 
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void or unconstitutional, the remaining portions or provisions hereof shall not be 
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affected by such declaration. 
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SEC. 4. Repealing Clause, - All laws, decrees, orders, rules and regulations, 
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other executive issuances, or parts thereof inconsistent with the provisions of this 
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Act are hereby repealed and modified accordingly. 
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SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its complete 
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publication in the Official Gazette or at least two (2) newspapers of general 
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circulation. 
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Approved, 
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