This case has been cited 1 times or more.
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2011-02-09 |
VILLARAMA, JR., J. |
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| Petitioners argue that the statements "they are not related within the fourth civil degree of consanguinity or affinity" and "that Section 79 of the Local Government Code has been complied with in the issuance of the appointments" are not a narration of facts but a conclusion of law, as both require the application of the rules on relationship under the law of succession. Thus, they cite People v. Tugbang[29] where it was held that "a statement expressing an erroneous conclusion of law cannot be considered a falsification." Likewise, in People v. Yanza,[30] it was held that when defendant certified that she was eligible for the position, she practically wrote a conclusion of law, which turned out to be incorrect or erroneous; hence, she may not be declared guilty of falsification because the law violated pertains to narration of facts. | |||||