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    Perjury - Venue

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    Bey Villanueva
    The document discusses a case regarding where the proper venue is to try a perjury case. It describes that the defendant signed a certification against forum shopping that was notarized in Makati City, but involved a case from Pasay City. The MeTC-Makati City denied dismissing the case, ruling it had jurisdiction as the certification was notarized in Makati. However, the document cites a Supreme Court case that reaffirms the venue for perjury cases is where the false statement was made under oath. Since the certification in this case was sworn to in Makati City, Makati City is the proper venue, not Pasay City.

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    Perjury - Venue

    Uploaded by

    Bey Villanueva
    514 views2 pages
    The document discusses a case regarding where the proper venue is to try a perjury case. It describes that the defendant signed a certification against forum shopping that was notarized in Makati City, but involved a case from Pasay City. The MeTC-Makati City denied dismissing the case, ruling it had jurisdiction as the certification was notarized in Makati. However, the document cites a Supreme Court case that reaffirms the venue for perjury cases is where the false statement was made under oath. Since the certification in this case was sworn to in Makati City, Makati City is the proper venue, not Pasay City.

    Original Title

    PERJURY - VENUE

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    The document discusses a case regarding where the proper venue is to try a perjury case. It describes that the defendant signed a certification against forum shopping that was notarized in Makati City, but involved a case from Pasay City. The MeTC-Makati City denied dismissing the case, ruling it had jurisdiction as the certification was notarized in Makati. However, the document cites a Supreme Court case that reaffirms the venue for perjury cases is where the false statement was made under oath. Since the certification in this case was sworn to in Makati City, Makati City is the proper venue, not Pasay City.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    514 views2 pages

    Perjury - Venue

    Uploaded by

    Bey Villanueva
    The document discusses a case regarding where the proper venue is to try a perjury case. It describes that the defendant signed a certification against forum shopping that was notarized in Makati City, but involved a case from Pasay City. The MeTC-Makati City denied dismissing the case, ruling it had jurisdiction as the certification was notarized in Makati. However, the document cites a Supreme Court case that reaffirms the venue for perjury cases is where the false statement was made under oath. Since the certification in this case was sworn to in Makati City, Makati City is the proper venue, not Pasay City.

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    © All Rights Reserved
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    You are on page 1of 2

    UNIONBANK VS PEOPLE

    Both complaints showed that Tomas executed and signed the Certification
    against Forum Shopping. Accordingly, she was charged of deliberately
    violating Article 183 of the RPC by falsely declaring under oath in the
    Certificate against Forum Shopping in the second complaint that she did
    not commence any other action or proceeding involving the same issue in
    another tribunal or agency.

    The MeTC-Makati City denied the Motion to Quash, ruling that it has
    jurisdiction over the case since the Certificate against Forum
    Shopping was NOTARIZED IN MAKATI CITY.

    Tomas deliberate and intentional assertion of falsehood was allegedly


    shown when she made the false declarations in the Certificate against
    Forum Shopping before a notary public in Makati City, despite her
    knowledge that the material statements she subscribed and swore to were
    not true. Thus, Makati City is the proper venue and MeTC-Makati City is
    the proper court to try the perjury case against Tomas, pursuant to Section
    15(a), Rule 110 of the 2000 Revised Rules of Criminal Procedure as all the
    essential elements constituting the crime of perjury were committed within
    the territorial jurisdiction of Makati City, not Pasay City.

    [SY TIONG SHIOU V. SY] (GR NOS. 174168 & 179438, MARCH
    30, 2009) however, reaffirms what has been the long standing view on the
    venue with respect to perjury cases. In this particular case, the high court
    reiterated the rule that the criminal action shall be instituted and tried in
    the court of the municipality or territory where the offense was committed,
    or where any of its essential ingredients occurred. It went on to declare that
    since the subject document, the execution of which was the
    subject of the charge, was subscribed and sworn to in Manila,
    then the court of the said territorial jurisdiction was the proper
    venue of the criminal action.

    In Sy Tiong, the perjured statements were made in a GIS which was


    subscribed and sworn to in Manila. We ruled that the proper venue for the
    perjury charges was in Manila where the GIS was subscribed and sworn to.
    We held that the perjury was consummated in Manila where the
    false statement was made.

    The crime of perjury committed through the making of a false affidavit


    under Article 183 of the RPC is committed at the time the affiant subscribes
    and swears to his or her affidavit since it is at that time that all the elements
    of the crime of perjury are executed.

    1. The crime of perjury committed through the making of a false


    affidavit under Article 183 of the RPC is committed at the time the affiant
    subscribes and swears to his or her affidavit since it is at that time that all
    the elements of the crime of perjury are executed;

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