Perjury is the deliberate making of a false statement under oath on a material matter, before a competent officer, in a case where the law requires an oath. It is punished under Article 183 of the Revised Penal Code. The false statement must be material, meaning it is important to the matter, and it must be made willfully and deliberately, not by honest mistake. Perjury commonly arises from false statements in affidavits, counter-affidavits, and sworn documents, and it is distinct from false testimony given as a witness in a judicial proceeding.
Sworn statements are everywhere in Philippine legal life — affidavits, counter-affidavits, verifications, sworn applications. When someone lies under oath in one of these, they may commit perjury, a crime under Article 183 of the Revised Penal Code.
The Elements
Perjury is committed when a person:
- Makes a statement under oath or executes an affidavit upon a material matter;
- The statement or affidavit is made before a competent officer authorized to receive and administer the oath;
- The person makes a willful and deliberate assertion of a falsehood; and
- The sworn statement is required by law or made for a legal purpose.
All four must concur. Perjury is not committed by an oath about something trivial, nor by an honest error — the falsehood must be deliberate and material.
Materiality Is Key
A false statement is perjury only if it is material — that is, it has a tendency to influence the matter in which it was made, or is important to the issue. A lie about a collateral or irrelevant detail generally is not perjury, even if untrue. This materiality requirement is often the battleground: the defense argues the false statement did not matter to the proceeding.
Willful and Deliberate
Perjury punishes deliberate lying, not mistake. A person who swore to something they honestly believed true, or who made a good-faith error, lacks the criminal intent. Conversely, someone who knowingly asserts a falsehood under oath, believing it false or not believing it true, has the intent perjury requires.
Perjury vs. False Testimony
Article 183 perjury typically covers false statements in affidavits and sworn documents and false testimony in non-judicial or administrative settings. False testimony given by a witness in a judicial proceeding (Articles 180-182) is punished under separate provisions, with penalties that can vary by the nature of the case (criminal or civil) and the outcome. So a lie in a court witness stand and a lie in a notarized affidavit may fall under different articles, though both punish sworn falsehood.
Where Perjury Charges Arise
In practice, perjury complaints frequently accompany other disputes — a party accuses the other of lying in a counter-affidavit, a verification, or a sworn application (for a passport, a license, a claim). Because sworn documents are so common, perjury is a frequently threatened and sometimes overused charge; whether it sticks turns on materiality and deliberateness.
Practical Advice
- Before you sign anything under oath, make sure it is true — a notarized affidavit is a sworn statement, and a deliberate, material falsehood in it can be prosecuted.
- If accused of perjury, focus on whether the statement was truly material and whether it was a deliberate falsehood rather than a good-faith belief or an immaterial detail.
Frequently Asked Questions
What is perjury? The deliberate making of a false statement under oath on a material matter, before a competent officer, where the law requires an oath. It is punished under Article 183 of the Revised Penal Code.
Does every false statement under oath count? No. The false statement must be material, important to the matter, and made willfully and deliberately. An honest mistake or a lie about an irrelevant detail generally is not perjury.
What is the difference between perjury and false testimony? Perjury under Article 183 typically covers false statements in affidavits and sworn documents and in non-judicial settings. False testimony by a witness in a judicial proceeding is punished under separate provisions.
Can I be charged for lying in an affidavit? Yes. A notarized affidavit is a sworn statement, and a deliberate, material falsehood in it can be prosecuted as perjury. Make sure sworn statements are true before you sign.
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 are facing a perjury complaint or believe someone lied under oath against you, our firm can assess materiality and intent. 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.