FALSE TESTIMONY Nature of the Crime of False Testimony FALSE TESTIMONY is a declaration under oath of a witness in a judicial proceeding which is contrary to what is true, or to deny the same, or to alter essentially the truth. False Testimony is being punished because falsehood is ever reprehensible but it is particularly evil when committed in a judicial proceeding, as it constitutes an imposition upon the court and seriously exposes it to a miscarriage of justice. While False Testimony in favor of an accused may be less evil than false testimony against him, both forms are equally repugnant to the orderly administration of justice and deserved to be rigorously depressed. False testimony requires a criminal intent and cannot be committed thru negligence. So, if it is due to error or good faith, it is not felonious. It could not be frustrated or attempted. The FORMS OF FALSE TESTIMONY are (a) False Testimony in criminal cases (Arts. 180 and 181 RPC) (b) False Testimony in civil cases (Art. 182) and False testimony in other cases (Art. 183) PERJURY- the MOST POPULAR form of False testimony PERJURY is the willful and corrupt assertion of falsehood UNDER OATH or affirmation administered by authority of law on a material matter. “Material” means the main fact, which is the subject of the inquiry, or circumstance which tend to prove the fact or to strengthen the testimony relative to the subject of the inquiry. The “test” of materiality of the statement is not whether the evidence was proper to be admitted but whether the same, if admitted, could properly INFLUENCE the RESULT of the trial. So in an administrative case for immorality wherein the offender testified that he was single though he was married pala, the falsity is not material because single man or married sya has nothing to do with the charge of morality. Where the offender executed an affidavit stating that he lost his driver’s license by virtue of which he was able to secure a new one, when in truth and in fact, his driver’s license was confiscated by authorities, perjury was committed. Unjustified statements in the personal data sheet, a requirement under the Civil Service Rules and Regulations in connection with employment in the government constitutes perjury. FALSE TESTIMONY and PERJURY DISTINGUISHED While both are perversions of the truth, FALSE TESTIMONY is given in the course of a judicial proceeding, whereas PERJURY is any willful and corrupt assertion of falsehood on a material matter under oath and not given in judicial proceedings. FALSE TESTIMONY contemplates an ACTUAL trial where judgment of conviction or acquittal is rendered and not merely a preliminary investigation, as well in the making of a false affidavit under oath. In a false testimony, there is always a perjured statements involved, while perjury is the “baby” of false testimony and the latter is its "mother".
Posted on: Thu, 11 Jul 2013 10:32:02 +0000
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