Both false testimony and perjury involve falsehood under oath, but they are distinct. False testimony is committed by a witness who gives false testimony in a judicial proceeding — and it is treated differently depending on whether the case is criminal (with the penalty varying according to the outcome for the accused) or civil. There is also false testimony in the form of falsely accusing someone (perjury by making a false affidavit is separate). Perjury, on the other hand, is committed by any person who knowingly makes untruthful statements under oath, or makes a false affidavit, upon a material matter, before a competent officer authorized to administer the oath, in cases where the law requires an oath — typically in affidavits, sworn statements, and similar documents outside of testimony in court. The key distinction: false testimony generally refers to false statements as a witness within a judicial proceeding, while perjury generally refers to false sworn statements made in affidavits or documents under oath. Materiality and knowledge of the falsity are essential in perjury, and the falsehood must be deliberate.
Both Involve Falsehood Under Oath
Both crimes punish lying under oath, but they are distinct.
False Testimony
False testimony is a witness giving false testimony in a judicial proceeding. It is treated differently in criminal cases (penalty varies with the outcome for the accused) and civil cases.
Perjury
Perjury is knowingly making untruthful statements under oath, or a false affidavit, on a material matter, before a competent officer, where the law requires an oath — typically in affidavits and sworn statements outside court testimony. Materiality and knowledge of the falsity are essential.
Practical Takeaways
- False testimony = false statements as a witness in a judicial proceeding;
- Perjury = false sworn statements in affidavits/documents;
- Both require a deliberate, material falsehood.
Frequently Asked Questions
What is the difference between false testimony and perjury? False testimony generally refers to false statements given as a witness within a judicial proceeding, while perjury generally refers to false sworn statements made in affidavits or documents under oath outside of court testimony.
What is perjury? Knowingly making untruthful statements under oath, or a false affidavit, upon a material matter, before a competent officer authorized to administer the oath, in cases where the law requires an oath.
Does the lie have to be material? Yes, in perjury. The false statement must be on a material matter and made with knowledge of its falsity. The falsehood must be deliberate.
How is false testimony in a criminal case treated? False testimony given in a criminal proceeding is penalized differently depending on the outcome for the accused, and civil-case false testimony is treated under its own rule.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.