Duterte inks law imposing longer jail time for perjury

MANILA – President Rodrigo Duterte has signed a law that would impose a longer jail time for persons who commit perjury and offer false testimony in evidence.

Republic Act No. (RA) 115941, signed by Duterte on Oct. 29, amended Article 183 of RA 3815 or the Revised Penal Code (PRC), which penalizes perjury.

Under RA 115941, persons who would commit perjury face a higher penalty of prision mayor in its minimum period to prision mayor in its medium period, from six years and one day to 10 years of imprisonment.

“The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be imposed upon any person who, knowingly making untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires,” RA 115941 read.

Previously, persons guilty of perjury were only sentenced to arresto mayor in its maximum period to prision correcional in its minimum period, or from four months and one day to two years and four months of imprisonment.

For public officers or employees who would commit perjury, RA 115941 states that the penalty of imprisonment will be imposed in its maximum period, along with a fine of PHP1 million, as well as perpetual disqualification from holding any appointive or elective position in government.

“…if the person responsible for the commission of this felony is a public officer or employee, the penalty shall be imposed in its maximum period: Provided finally, That the offender shall also suffer a fine not to exceed One million pesos (PHP1,000,000) and perpetual absolute disqualification from holding any appointive or elective position in the government or in any agency, entity, or instrumentality,” the law read.

RA 115941 also amended Article 184 to include the “willingness” of a witness to provide false testimony in any judicial or official proceeding.

“Any person who shall willfully and knowingly offer in evidence a false witness or testimony in any judicial or official proceeding shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section,” the new law read.

If any provision of RA 115941 is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions thereof. All laws, rules, and regulations that may be inconsistent with the provisions of RA 115941 are hereby repealed or amended accordingly.

The new law is a consolidation of Senate Bill No. 1354 and House Bill No. 8268 passed by the Senate and House of Representatives on Aug. 23, 2021 and Aug. 31, 2021, respectively.