How Can Perjury Charges Be Filed Against Defense Witnesses?
Introduction
A defense witness who submits a fabricated counter-affidavit may face a separate criminal complaint for perjury. The filing of a counter-affidavit is not merely a procedural act in a preliminary investigation; because it is sworn before an authorized officer, deliberate falsehoods on material matters may create independent criminal liability.
Perjury charges, however, should not be used simply because the defense version differs from the complainant’s account. The prosecution must establish that the respondent made a willful and deliberate assertion of a falsehood concerning a material matter, under oath, before a competent officer, in a document required by law or made for a legal purpose.
What Law Governs Perjury?
Perjury is principally punished under Article 183 of the Revised Penal Code, as amended by R.A. No. 11594. The provision covers a person who knowingly makes an untruthful statement under oath or executes an affidavit concerning a material matter before a person authorized to administer oaths, when the law requires the oath.
R.A. No. 11594 increased the penalty for perjury. The present penalty includes prision mayor in its minimum period, a fine of up to P1,000,000, and perpetual absolute disqualification from holding an appointive or elective government position. If the offender is a public officer or employee, the penalty is imposed in its maximum period.
Where a tax declaration, return, or other statement is filed under a declaration that it is made under the penalties of perjury, Section 267 of the National Internal Revenue Code likewise subjects a willfully untruthful statement on a material matter to the penalties for perjury under the Revised Penal Code.
What Are the Elements of Perjury?
The Supreme Court identifies four elements:
- A sworn statement or affidavit was made concerning a material matter;
- The statement was made before a competent officer authorized to administer an oath;
- The accused made a willful and deliberate assertion of a falsehood; and
- The sworn statement was required by law or was made for a legal purpose.
These elements were summarized in Saulo v. People of the Philippines, et al., G.R. No. 242900, 2020. The Court explained that the material matter must concern the principal fact under inquiry, a circumstance tending to prove or corroborate that fact, or a matter that may affect the assessment of a witness’s credibility.
Why Can a Counter-Affidavit Support a Perjury Complaint?
A counter-affidavit ordinarily satisfies the oath requirement because it is subscribed and sworn before a prosecutor, another government official authorized to administer oaths, or, when those officers are unavailable, a notary public.
Under Section 9 of the 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings, a counter-affidavit is a written statement of the respondent indicating the respondent’s defenses and subscribed and sworn before an authorized officer. The counter-affidavit may include witness affidavits and documentary evidence.
The document is also made for a legal purpose. It is submitted to influence the prosecutor’s determination of probable cause. Thus, a knowingly fabricated factual assertion bearing directly on the existence of the offense, the identity of the offender, or the respondent’s defense may satisfy the first, second, and fourth elements of perjury.
What Makes a False Statement “Material”?
A statement is material when it has a natural tendency to influence the official who must decide the matter. The falsehood need not independently prove the entire case. It is sufficient that it may affect the determination of probable cause or another legally significant result.
In Saulo v. People, the Court treated allegations in a complaint-affidavit as material because they could influence the prosecutor in deciding whether probable cause existed to file an information. The same reasoning may apply to a defense witness’s counter-affidavit when the disputed statement directly addresses an essential fact in the criminal complaint.
Examples of potentially material assertions include:
- A categorical denial that the witness was present at a place when objective records show the witness’s presence;
- An assertion that the witness personally saw or received an event despite proof that the witness was elsewhere;
- A claim that a document was signed, delivered, or approved by a particular person when reliable records establish otherwise; or
- A false alibi or fabricated account directed at defeating probable cause.
Minor inaccuracies, imprecise dates, differences in recollection, or statements unrelated to the prosecutor’s determination generally do not establish materiality by themselves.
What Must Be Proved About the Witness’s Intent?
A contradiction is not enough. Perjury is a felony by dolo, so the prosecution must prove that the statement was made intentionally, with knowledge of its falsity and with the purpose that it be accepted as true.
Saulo v. People explains that “willfully” means intentionally and with legal malice, while “deliberately” refers to a meditated act rather than an inadvertent one. The evidence must show that the accused knew the statement was false or consciously disregarded its truth while presenting it as factual.
Intent may be shown through surrounding circumstances, such as the witness’s personal knowledge of the event, prior admissions, documentary records, communications, the implausibility of the account, or the witness’s participation in preparing a coordinated false narrative. The complaint should identify these circumstances instead of merely asserting that the affidavit is untrue.
Can Two Contradictory Affidavits Alone Prove Perjury?
No. The mere existence of contradictory sworn statements does not establish beyond reasonable doubt which statement is false.
In Masangkay v. People of the Philippines, G.R. No. 164443, 2010, the Supreme Court held that the prosecution must present evidence aliunde—evidence independent of the contradictory statements—to establish the falsity of the allegedly perjured statement. A legal opinion, argument, or conclusion is not itself a sufficient basis for a perjury conviction.
Accordingly, a complainant should support the perjury charge with independent evidence, such as official records, transaction documents, electronic messages, video footage, location records, admissions, or testimony from persons with direct knowledge.
Where Should the Perjury Complaint Be Filed?
For perjury committed through a false affidavit, venue ordinarily lies where the affidavit was subscribed and sworn before the competent officer. The crime is consummated when the false statement is made under oath.
In Union Bank of the Philippines, et al. v. People of the Philippines, G.R. No. 192565, 2012, the Supreme Court distinguished between a false affidavit and false testimony. When the offense consists of making a false affidavit, the place where the oath was taken is generally the situs of the offense. When the offense consists of false testimony in a proceeding, venue may depend on where the testimony was given or, for a written sworn statement submitted in the proceeding, where the statement was submitted, depending on the acts alleged in the Information.
For a counter-affidavit, the filing party should therefore verify:
- Where the counter-affidavit was signed and sworn;
- Who administered the oath;
- Whether the oath was taken before a prosecutor, government officer, or notary public; and
- Whether the alleged perjurious act is the execution of the affidavit, its submission, or both.
How Is a Perjury Complaint Initiated?
A perjury case is ordinarily initiated by filing a complaint-affidavit with the proper prosecutor’s office for preliminary investigation. Section 9 of the 2024 DOJ-NPS Rules recognizes the complaint-affidavit as a written statement charging a person with a crime, subscribed by the offended party or another person authorized by law, and sworn before a prosecutor, an authorized government officer, or, when necessary, a notary public.
The complaint-affidavit should attach the allegedly false counter-affidavit and identify each specific statement claimed to be perjurious. It should also explain why each statement is false, material, deliberately made, and legally significant.
The complaint should not rely on a general accusation that the defense witness “lied.” It should set out the factual basis in a manner that allows the prosecutor to determine whether the elements of Article 183 are present.
Recommended Contents of the Complaint-Affidavit
A well-supported complaint-affidavit should contain the following:
- Identity and capacity of the complainant. State the complainant’s personal knowledge or authority to initiate the case.
- Description of the sworn document. Identify the counter-affidavit, its date, the place of oath-taking, and the officer who administered the oath.
- Exact allegedly false statements. Quote or accurately identify the specific portions of the affidavit.
- Proof of falsity. Attach independent documentary or testimonial evidence contradicting each statement.
- Materiality. Explain how the statement could affect the prosecutor’s finding of probable cause.
- Willfulness and deliberateness. State the facts showing that the witness knew the statement was false and intended it to be accepted as true.
- Legal purpose. Explain that the counter-affidavit was submitted in a preliminary investigation to defeat or affect the criminal charge.
- Prayer for relief. Request the conduct of preliminary investigation and the filing of the appropriate information if probable cause is found.
What Evidence Should Accompany the Complaint?
The strongest evidence is evidence independent of the contradictory affidavits. Depending on the allegation, relevant proof may include government records, employment or attendance logs, receipts, bank records, contracts, photographs, video recordings, digital messages, sworn statements of persons with direct knowledge, and admissions made before or after the execution of the counter-affidavit.
Documents should be authenticated or explained through a competent affidavit whenever necessary. The complainant should also preserve the original electronic files and relevant metadata if the alleged falsity concerns digital communications or electronic records.
A comparison chart may help the prosecutor assess the allegation:
| Allegation | Independent proof to consider |
|---|---|
| False claim of presence at a particular place | Official logs, access records, travel records, video footage, or testimony of persons present |
| False denial of signing or receiving a document | Original document, acknowledgment receipts, electronic transmission records, or handwriting and signature evidence |
| False account of a transaction | Contracts, invoices, bank records, delivery records, business books, and testimony of participants |
| False alibi or fabricated defense | Location evidence, communications, admissions, and testimony disproving the asserted presence elsewhere |
What Happens During Preliminary Investigation?
After filing, the prosecutor may issue a subpoena requiring the respondent to submit a counter-affidavit. The respondent may personally appear or submit a properly sworn counter-affidavit in accordance with the 2024 DOJ-NPS Rules.
The complainant may be required to file a reply-affidavit if the counter-affidavit raises new and material factual or legal issues. The respondent may then file a rejoinder-affidavit. Under the cited rules, the rejoinder-affidavit is the last pleading ordinarily allowed, and the reply and rejoinder must generally be filed within the prescribed ten-calendar-day period from receipt of the pleading being answered.
The investigating prosecutor may also require clarificatory hearings or issue subpoenas for documents, records, or testimony material to the investigation. A party should use these procedures to obtain independent evidence, not to expand the case with unrelated accusations.
What Is the Prosecutor’s Standard for Filing?
The 2024 DOJ-NPS Rules state that the prosecutor assesses whether there is prima facie evidence with reasonable certainty of conviction for purposes of filing a criminal charge. This standard requires a focused presentation of the affidavit, the objective evidence of falsity, the materiality of the statement, and the circumstances showing deliberate intent.
The prosecutor is not required to conduct a full trial during preliminary investigation. Nevertheless, a complaint based solely on competing narratives is vulnerable because the prosecution must eventually prove the perjury charge beyond reasonable doubt.
Common Weaknesses in Perjury Complaints
- Confusing inconsistency with falsity. Differences in wording or recollection do not automatically prove that a statement was deliberately false.
- Failing to identify materiality. The complaint must connect the alleged falsehood to the issue being investigated.
- Relying only on contradictory affidavits. Independent evidence is necessary to establish which account is false.
- Making legal conclusions instead of factual allegations. Statements that a witness “committed perjury” do not replace proof of the elements.
- Ignoring the place of oath-taking. An incorrectly chosen venue may expose the complaint to dismissal or transfer.
Illustrative Scenario
Assume that a defense witness submits a counter-affidavit stating that the witness was present during a meeting and personally heard the complainant authorize a transaction. The complainant possesses building-entry records showing that the witness was not in the building, contemporaneous messages showing that the witness was elsewhere, and an earlier admission that the witness did not attend the meeting.
These facts may support a perjury complaint because the statement concerns a material fact, the witness personally asserted it under oath, and independent evidence may establish both its falsity and the witness’s knowledge. The complainant should still prove where the counter-affidavit was sworn and explain how the statement could affect the prosecutor’s finding of probable cause.
By contrast, if the only proof is that another witness remembers the meeting differently, the evidence may be insufficient. The dispute may concern credibility or recollection rather than deliberate falsehood.
Recommended Approach for Complainants
- Obtain the complete counter-affidavit, including its jurat, annexes, and proof of filing.
- Identify only statements that are factual, specific, and material to the investigation.
- Collect independent evidence proving falsity and the witness’s knowledge of the truth.
- Confirm the proper venue based on the place where the affidavit was subscribed and sworn.
- Prepare a separate complaint-affidavit for perjury with a statement-by-statement analysis.
- Attach authenticated or properly explained documents and affidavits of persons with direct knowledge.
- Observe the filing, service, reply, rejoinder, and clarificatory-hearing procedures under the current DOJ-NPS rules.
- Avoid filing the case merely to pressure a witness or punish an unfavorable but honestly held account.
Conclusion
A fabricated counter-affidavit may give rise to a separate perjury charge under Article 183 of the Revised Penal Code, as amended by R.A. No. 11594. The charge is strongest when the complainant can show a specific sworn falsehood, its material effect on the preliminary investigation, independent proof of falsity, and circumstances demonstrating that the witness acted knowingly and deliberately.
The mere presence of inconsistent affidavits is not enough. Before filing, counsel should test the evidence against the four statutory elements, confirm venue, preserve the original records, and present the allegation in a focused complaint-affidavit supported by evidence independent of the disputed statements.
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