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Union Bank of The Philippines and Desi Tomas, Petitioners

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Fairybelle Liwayan

This document summarizes a Supreme Court case from the Philippines regarding perjury. The case involved an individual, Desi Tomas, who submitted a false affidavit in a civil case filed in Pasay City court. The issue was whether Makati City or Pasay City was the proper venue for the perjury charge, as the affidavit was signed in Makati City but submitted in Pasay City court. The Supreme Court ruled that under Philippine law, perjury is committed at the time and place the false affidavit is signed and sworn to, which was Makati City in this case. Therefore, Makati City was determined to be the proper venue.

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Union Bank of The Philippines and Desi Tomas, Petitioners

Uploaded by

Fairybelle Liwayan
67 views2 pages
This document summarizes a Supreme Court case from the Philippines regarding perjury. The case involved an individual, Desi Tomas, who submitted a false affidavit in a civil case filed in Pasay City court. The issue was whether Makati City or Pasay City was the proper venue for the perjury charge, as the affidavit was signed in Makati City but submitted in Pasay City court. The Supreme Court ruled that under Philippine law, perjury is committed at the time and place the false affidavit is signed and sworn to, which was Makati City in this case. Therefore, Makati City was determined to be the proper venue.

Original Title

G.R. No. 192565

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This document summarizes a Supreme Court case from the Philippines regarding perjury. The case involved an individual, Desi Tomas, who submitted a false affidavit in a civil case filed in Pasay City court. The issue was whether Makati City or Pasay City was the proper venue for the perjury charge, as the affidavit was signed in Makati City but submitted in Pasay City court. The Supreme Court ruled that under Philippine law, perjury is committed at the time and place the false affidavit is signed and sworn to, which was Makati City in this case. Therefore, Makati City was determined to be the proper venue.

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
67 views2 pages

Union Bank of The Philippines and Desi Tomas, Petitioners

Uploaded by

Fairybelle Liwayan
This document summarizes a Supreme Court case from the Philippines regarding perjury. The case involved an individual, Desi Tomas, who submitted a false affidavit in a civil case filed in Pasay City court. The issue was whether Makati City or Pasay City was the proper venue for the perjury charge, as the affidavit was signed in Makati City but submitted in Pasay City court. The Supreme Court ruled that under Philippine law, perjury is committed at the time and place the false affidavit is signed and sworn to, which was Makati City in this case. Therefore, Makati City was determined to be the proper venue.

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
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UNION BANK OF THE PHILIPPINES and DESI TOMAS, Petitioners,

Vs.

PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 192565

February 28, 2012

FACTS

On or about the 13th day of March 2000 in the City of Makati, Metro Manila, Philippines
and within the jurisdiction of the Supreme Court, the above-named accused, did then and there
willfully, unlawfully and feloniously make untruthful statements under oath upon a material
matter before a competent person authorized to administer oath which the law requires to wit:
said accused stated in the Verification/Certification/Affidavit of merit of a complaint for sum of
money with prayer for a writ of replevin docketed as Civil Case No. 342-00 of the Metropolitan
Trial Court, Pasay City, that the Union Bank of the Philippines has not commenced any other
action or proceeding involving the same issues in another tribunal or agency, accused knowing
well that said material statement was false thereby making a willful and deliberate assertion of
falsehood.

ISSUE

Whether Makati City or Pasay City is the proper venue of perjury.

HELD

Premises considered. The Supreme Court ruling: Sy Tiong is more in accord with Article
183 of the RPC and Section 15(a), Rule 110 of the 2000 Revised Rules of Criminal Procedure.
To reiterate for the guidance of the Bar and the Bench, the crime of perjury committed through
the making of a false affidavit under Article 183 of the RPC is committed at the time the affiant
subscribes and swears to his or her affidavit since it is at that time that all the elements of the
crime of perjury are executed. When the crime is committed through false testimony under
oath in a proceeding that is neither criminal nor civil, venue is at the place where the testimony
under oath is given. If in lieu of or as supplement to the actual testimony made in a proceeding
that is neither criminal nor civil, a written sworn statement is submitted, venue may either be at
the place where the sworn statement is submitted or where the oath was taken as the taking of
the oath and the submission are both material ingredients of the crime committed. In all cases,
determination of venue shall be based on the acts alleged in the Information to be constitutive
of the crime committed.

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