SECTION TWO

False Testimony

False Testimony – 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.

Forms of False Testimony

1. False testimony in criminal cases
2. False testimony in civil case
3. False testimony in other cases

Falsehood is ever reprehensible; but it is particularly odious when committed

in judicial proceedings, as it constitutes an imposition upon the court and
seriously exposes it to miscarriage of justice.

Art. 180. False testimony against a defendant. — Any person who shall give
false testimony against the defendant in any criminal case shall suffer:

1. The penalty of reclusion temporal, if the defendant in said case shall have
been sentenced to death;
2. The penalty of prision mayor, if the defendant shall have been sentenced
to reclusion temporal or reclusion perpetua;
3. The penalty of prision correccional, if the defendant shall have been
sentenced to any other afflictive penalty; and
4. The penalty of arresto mayor, if the defendant shall have been sentenced
to a correctional penalty or a fine, or shall have been acquitted.

In cases provided in subdivisions 3 and 4 of this article the offender shall

further suffer a fine not to exceed 1,000 pesos.

ELEMENTS

1. There be a criminal proceeding

2. Offender testifies falsely under oath against the defendant
3. Offender who gives false testimony knows that it is false

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 4. The defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment

Penalty depends upon the sentence of the defendant against whom false
testimony is given.

Defendant must be sentenced at least to a (1) correctional penalty or (2) a

fine, or (3) must be acquitted.

The witness who gave false testimony is liable even if his testimony was not
considered by the court.

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Art. 181. False testimony favorable to the defendants. — Any person who
shall give false testimony in favor of the defendant in a criminal case, shall
suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period a fine not to exceed 1,000 pesos, if the
prosecution is for a felony punishable by an afflictive penalty, and the
penalty of arresto mayor in any other case.

False testimony favorable to the defendant is equally repugnant to the

orderly administration of justice.

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

A false testimony by negative statement is in favor of the defendant. By not

testifying for the prosecution, he favored the accused.

The false testimony favorable to the defendant need not benefit the
defendant. It is sufficient that the false testimony was given with intent to
favor the defendant.

It is sufficient that the defendant in the principal case is prosecuted for a

felony punishable by afflictive penalty or by other penalty.