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HONORIO SAAVEDRA v. DEPARTMENT OF JUSTICE

This case has been cited 4 times or more.

2009-03-30
TINGA, J.
The Court agrees with the Court of Appeals' holding, citing the case of Fabia v. Court of Appeals, that the doctrine of primary jurisdiction no longer precludes the simultaneous filing of the criminal case with the corporate/civil case.[40] Moreover, the Court finds that the City of Manila is the proper venue for the perjury charges, the GIS having been subscribed and sworn to in the said place. Under Section 10(a), Rule 110 of the Revised Rules of Court, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.[41] In Villanueva v. Secretary of Justice,[42] the Court held that the felony is consummated when the false statement is made.[43] Thus in this case, it was alleged that the perjury was committed when Sy Tiong Shiou subscribed and sworn to the GIS in the City of Manila, thus, following Section 10(a), Rule 110 of the Revised Rules of Court, the City of Manila is the proper venue for the offense.
2008-12-23
CARPIO MORALES, J.
(a) that the accused made a statement under oath or executed an affidavit upon a material matter; (b) that the statement or affidavit was made before a competent officer, authorized to receive and administer oath; (c) that in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and (d) that the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose.[27] (Citation omitted)
2005-11-18
CALLEJO, SR., J.
Perjury cannot be willful where the oath is according to belief or conviction as to its truth.  A false statement of a belief is not perjury.  Bona fide belief in the truth of a statement is an adequate defense.[35]  A false statement which is obviously the result of an honest mistake is not perjury.
2005-01-31
CARPIO, J.
(a) that the accused made a statement under oath or executed an affidavit upon a material matter; (b) that the statement or affidavit was made before a competent officer, authorized to receive and administer oath; (c) that in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and, (d) that the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose.[23](Emphasis supplied)