SEPT 27, 2015

NR # 3970B

Criminalizing intentional filing of false accusations in courts

The House of Representatives has approved on second reading last September 21 st HB
6148 which criminalizes intentional filing of false complaints in courts or and other government
agencies exercising quasi-judicial or administrative powers.
This measure seeks to protect any individual from others who bring false accusations in
court without fear of prosecution except for a counter-suit. In such cases, said victim of false
accusations suffers loss of integrity which may never be regained regardless of the outcome of
the counter-suit, Rep. Evelina G. Escudero, principal author, stressed.
The Committee on Revision of Laws, chaired by Rep. Marlyn L. Primicias-Agabas, earlier
approved and sponsored HB 6148 in plenary until its passage, as contained in Committee Report
886, in substitution of the original HB 1733 filed by Rep. Escudero, with the committee
chairperson as co-author.
HB 6149 is entitled An Act increasing the penalties for the crime of slander by deed and
including the intentional filing of a false complaint in court or with any government agency
exercising quasi-judicial or administrative powers as one of its forms, amending for the purpose
Article 359 of Act No. 3815, otherwise known as the Revised Penal Code.
Aside from penalizing the act of intentional filing of a false complaint, the proposed
amendments also provide for stiffer penalty if proven that the false complaint was used as
leverage against another to gain advantage or favor, the authors said.
Article 359 of Act No. 3815 is proposed to be amended to read as follows: (amendments
in bold big letters) Article 359. Slander by Deed. The penalty of (arresto mayor in its
maximum) PRISION MAYOR IN ITS MEDIUM period to (prision correccional in its
minimum) ITS MAXIMUM period or a fine (ranging from P200 to P1,000) OF 100,000
PESOS, OR BOTH, shall be imposed upon any person who shall perform any act not included
and punished in this title, which shall cast dishonor, discredit, or contempt upon another
person(.), INCLUDING THE INTENTIONAL FILING OF A FALSE COMPLAINT IN
COURT OR IN ANY OTHER AGENCIES OR GOVERNMENT EXERCISING QUASIJUDICIAL OR ADMINISTRATIVE POWERS. If said act is not of a serious nature, the
penalty shall be (arresto menor) PRISION MAYOR IN ITS MINIMUM PERIOD or a fine
(not exceeding 200 pesos) OF 50,000 PESOS.
The amendment also provides a new paragraph to the aforementioned Article, which
states: IF DURING THE COURSE OF ANY FORMAL INVESTIGATION OR TRIAL OF
THE CASE, IT IS PROVEN THAT THE ABOVE FALSE COMPLAINT HAS BEEN OR
IS BEING USED BY THE COMPLAINANT TO GAIN ADVANTAGE OR TO RECEIVE
A FAVORABLE DECISION, ACTION, OR RESOLUTION ON ANY MATTER, THE
MAXIMUM PENALTY PROVIDED HEREIN SHALL BE IMPOSED. (30) dpt