Tiitle 4 Other Falsities (public Interest)

Question 1

What offenses are contemplated in Art. 177?

Answer 1

usurpation of authority, covered by the first portion thereof; and usurpation of official functions, covered by the second portion.

Question 2

Two ways of committing the crime under Art. 177:

Answer 2

1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine Government or any foreign government.
2. By performing any act pertaining to any person in authority or public officer of the Philippine Government or of a foreign government or any agency thereof, under pretense of official position, and without being lawfully entitled to do so.

Question 3

Elements of using fictitious name

Answer 3

Elements (using fictitious name):
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is —
A. to conceal a crime;
b. to evade the execution of a judgment; or
C. to cause damage to public interest.

Question 4

What is a fictitious name?

Answer 4

Any other name which a person publicly applies to himself without authority of law is a fictitious name. (U.S. vs. To Lee Piu, 35 Phil. 4)

Question 5

Elements (concealing true name):

Answer 5

1. That the offender conceals —
   a. his true name; and
   b. all other personal circumstances.
2. That the purpose is only to conceal his identity

Question 6

Distinction between use of fictitious name and concealing true name.

Answer 6

(a) In use of fictitious name, the element of publicity must be present; in concealing true name and other personal circumstances, that element is not necessary.
(b) The purpose in use of fictitious name is any of those three enumerated (to conceal a crime, to evade the execution of a judgment, or to cause damage); in concealing true name it is merely to conceal identity.

Question 7

Elements of Art. 179. Illegal use of uniforms or insignia.

Answer 7

1. That the offender makes use of insignia, uniform or dress.
2. That the insignia, uniform or dress pertains to an office not held by
   the offender or to a class of persons of which he is not a member.
3. That said insignia, uniform or dress is used publicly and improperly.

Question 8

What are the three forms of false testimony?

Answer 8

1. False testimony in criminal cases. (Arts. 180 and 181)
2. False testimony in civil cases. (Art. 182)
3. False testimony in other cases. (Art. 183)

Question 9

Define false testimony

Answer 9

False testimony is committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.

Question 10

Elements of False testimony against a defendant.

Answer 10

1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against the defendant therein.
3. That the offender who gives false testimony knows that it is false.
4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. (People vs. Maneja, 72 Phil. 256)

Question 11

Reason for punishing the crime of false testimony.

Answer 11

False testimony is punished not because of the effect it actually produces, but because of its tendency to favor or to prejudice the defendant.

Question 12

Elements of False testimony in civil cases.

Answer 12

1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said case.
3. That the testimony must be false
4. That the false testimony must be given by the defendant knowing the same to be false
5. That the testimony must be malicious and given with an intent to affect the issues presented in said case. (U.S. vs. Aragon, 5 Phil. 469)
   .

Question 13

Two ways of committing perjury Art 183 False testimony in other cases and perjury in solemn affirmation.

Answer 13

1. By falsely testifying under oath; and
2. By making a false affidavit.

Question 14

Elements of perjury Art. 183. False testimony in other cases and perjury in solemn affirmation.

Answer 14

1. That the accused made a statement under oath or executed an affidavit upon a material matter
2. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath;
3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and
4. That the sworn statement or affidavit containing the falsity is required by law. (People vs. Bautista, C.A., 40 O.G. 2491)

Question 15

What is oath?

Answer 15

Any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully. It involves the idea of calling on God to witness what is averred as truth, and it is supposed to be accompanied with an invocation of His vengeance, or a renunciation of His favor, in the event of falsehood.

Question 16

Meaning of affidavit.

Answer 16

An affidavit is a sworn statement in writing; a declaration in writing, made upon oath before an authorized magistrate or officer.

Question 17

Material matter, defined.

Answer 17

It is the main fact which is the subject of the inquiry or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testifies.

Question 18

What is perjury?

Answer 18

Perjury is n offense which covers false oaths other than those taken in the course of judicial proceedings

Question 19

Elements of offering false testimony in evidence

Answer 19

1. That the offender offered in evidence a false witness or false testimony.
2. That he knew the witness or the testimony was false.
3. That the offer was made in ajudicial or official proceeding.

Question 20

Elements of Art. 1801 false testify against a defendant,

Answer 20

1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against the defendant therein.
3. That the offender who gives false testimony knows that it is false.
4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. (People vs. Maneja, 72 Phil. 256)

Question 21

A is accused of slight physical injuries punishable by one month imprisonment. B falsely testified against him. A is convicted and sentenced to 15 days of arresto menor. Is B guilty of false testimony?

Answer 21

No because Art. 180, par. 4, provides that the defendant in the principal case shall be sentenced at least to a correctional penalty or a fine, or shall have been acquitted.

Question 22

People vs. Reyes

The accused was the star witness in a prosecution for robbery against Jemenia. Before the trial, the accused executed an affidavit in which he manifested that he was not interested in the prosecution of the case and that he wanted to give the accused “a chance to earn his living wisely and in the honest way.” The fiscal refused to ask for the dismissal of the case. When the case was called for trial, the accused, who was asked to identify Jemenia, testified that he could not remember anymore the face ofJemenia. After further questions failed to elicit other data, the case against Jemenia was dismissed by the court, resulting in his acquittal.

Answer 22

The contention of the defense that the acquittal of Jemenia was due to the failure ofthe fiscal to call other witnesses who could have properly identified Jemenia, is irrelevant. It is not necessary that the testimony given by the witness should directly influence the decision of acquittal, it being sufficient that it was given with the intent to favor the accused (in this case, Jemenia).

Question 23

Is Conviction or acquittal of defendant in principal case necessary in Art 181?.

Answer 23

Note that under Art. 181, it is sufficient that the defendant in the principal case is prosecuted for a felony punishable by afflictive penalty or by other penalty.
But the gravity of the crime for which the defendant was prosecuted in the case where the false testimony was given should be shown in order to determine the proper penalty to be imposed on the false witness.

Question 24

Elements of article 182 False testimony in civil cases.

Answer 24

That the testimony must be given in a civil case.

That the testimony must relate to the issues presented in said case.
That the testimony must be false

That the false testimony must be given by the defendant knowing the same to be false

That the testimony must be malicious and given with an intent to affect the issues presented in said case. (U.S. vs. Aragon, 5 Phil. 469)

Question 25

Defendant declared in court that her property was free from encumbrance, whereas in fact there was a subsisting mortgage on the property to guarantee the obligation of an agent. Could defendant be prosecuted for false testimony?

Answer 25

Mere guaranty is no lien on the property. The prosecution failed to prove that the agent owed money to the principal at the time the accused testified and that there was then a subsisting debt for which the property was given as a security. (People vs. Collantes, C.A., 37 O.G. 1804)

Question 26

Examples of cases where affidavits are required by law are:

Answer 26

(1) affidavit attached to the petition for receivership, (2) affidavit attached to complaint for ejectment, and (3) affidavit for application for marriage license.

Question 27

Is good faith a defense in perjury?

Answer 27

Yes. Note the phrase “knowingly
183. This is the basis of the third element of the crime of perjury. The word knowingly suggests that the assertion of falsehood must be willful and deliberate.

Question 28

Are two contradictory sworn statements sufficient to convict of perjury?

Answer 28

No, the prosecution must prove which of the two statements is false, and must show that statement to be false by other evidence than the contradictory statement. (U.S. vs. Capistrano, 40 Phil. 902)
Note: The importance of this rule may be shown in the following illustration: A testified under oath before the fiscal during the preliminary investigation of a homicide case. When the case was filed in court and there A testified, he gave a different testimony contradicting his testimony before the fiscal. If his testimony before the fiscal is false, it is perjury. If his testimony before the court is false, it is false testimony in a judicial proceeding.

Question 29

B induced A to testify falsely against a fiscal. A, after having been duly sworn, knowingly and willfully testified falsely against the fiscal that the latter attempted to rape her (A’s) daughter.

Answer 29

Held: B was guilty of subornation of perjury. B not only knowingly and willfully induced A to swear falsely, but he did so maliciously, as it appeared from the record that he was an enemy of the fiscal who had prosecuted him before. (See U.S. vs. Ballena, 18 Phil. 382)

Question 30

Elements of A rt. 184. Offering false testimony in evidence.

Answer 30

1. That the offender offered in evidence a false witness or false testimony.
2. That he knew the witness or the testimony was false.
3. That the offer was made in ajudicial or official proceeding.