Lying under oath is not just morally wrong. Under Philippine law, it is a criminal offense with real consequences.

The word “perjury” has been making headlines in the Philippines. In March 2026, Vice President Sara Duterte filed a perjury complaint before the Taguig City Prosecutor’s Office against Ramil Madriaga, a detained individual who had executed a notarized affidavit making serious allegations against her. Duterte claims that the statements Madriaga made under oath are false.

Whatever the outcome of that case, it has placed a spotlight on a crime that many Filipinos have heard of but few actually understand: perjury.

This article explains what perjury is, how it is committed, what the penalties are, and what you can do if someone has made false statements under oath that affect you.

What Is Perjury?

Perjury is the act of deliberately making a false statement under oath or in a sworn document, when that oath is required by law. It is punished under Article 183 of the Revised Penal Code of the Philippines.

In simple terms, perjury happens when a person swears that something is true, knowing it is actually false. This can occur in various settings:

• In a court proceeding, when a witness testifies falsely on the stand
• In a notarized affidavit, such as a complaint-affidavit, counter-affidavit, or judicial affidavit
• In a sworn statement submitted to a government office, such as a Statement of Assets, Liabilities, and Net Worth (SALN)
• In any other document where the person makes a statement under oath required or authorized by law

The Sara Duterte-Madriaga case, for example, involves an affidavit submitted to the Office of the Ombudsman. The complainant alleges that the statements in that affidavit were deliberately false. If proven, such an act constitutes perjury.

The Elements of Perjury

For a perjury case to succeed, the prosecution must establish the following elements:

1. The accused made a statement under oath or executed a sworn document (an affidavit).
2. The statement was made before a competent officer authorized to administer oaths (such as a notary public, a judge, or a prosecutor).
3. The statement contained a deliberate assertion of falsehood. The accused must have known that the statement was false at the time it was made.
4. The sworn statement was required by law or was made in connection with a legal proceeding or official matter.

It is important to emphasize the third element: the falsehood must be deliberate. An honest mistake, a faulty recollection, or a good-faith misunderstanding does not constitute perjury. The prosecution must prove that the person intentionally lied.

What Is the Penalty for Perjury?

Under Article 183 of the Revised Penal Code, the penalty for perjury depends on the context in which it was committed:

• Perjury committed in a judicial proceeding (e.g., testimony in court): The penalty is prision correccional in its maximum period to prision mayor in its minimum period. This translates to imprisonment of four (4) years, two (2) months, and one (1) day to eight (8) years.
• Perjury committed in any other case (e.g., a false affidavit filed outside a court proceeding): The penalty is arresto mayor in its maximum period to prision correccional in its minimum period. This translates to imprisonment of four (4) months and one (1) day to two (2) years and four (4) months.

Beyond imprisonment, a conviction for perjury may also result in accessory penalties, such as temporary disqualification from holding public office.

Where to File a Perjury Complaint

If you believe that someone has made a false statement under oath that affects your rights or interests, you may file a perjury complaint. Here is how:

1. Prepare a complaint-affidavit. This sworn document should detail the false statements made by the respondent, explain why they are false, and attach supporting evidence (documents, records, photographs, communications, etc.).
2. File it with the Office of the City or Provincial Prosecutor that has jurisdiction over the place where the false statement was made or notarized. For instance, if the affidavit was notarized in Taguig, the complaint is filed with the Taguig City Prosecutor. If it was notarized in Guimaras, you file it with the Provincial Prosecutor of Guimaras.
3. Attend the preliminary investigation. Both the complainant and the respondent will be given the opportunity to present their respective positions and evidence before the prosecutor decides whether to file the case in court.

Common Situations Where Perjury Cases Arise

Perjury is not limited to high-profile political disputes. It can arise in everyday legal situations that affect ordinary Filipinos:

• False testimony in court: A witness lies about what they saw or experienced in a civil or criminal case.
• False statements in a counter-affidavit: A respondent in a criminal complaint denies facts that are clearly documented.
• False declarations in government documents: Filing a false SALN, making misrepresentations in a sworn application for a license or permit, or providing inaccurate information in a voter registration form.
• False claims in notarized contracts: A party to a contract falsely states material facts in a document notarized before a notary public.
• False affidavits in property disputes: Executing a sworn affidavit claiming ownership of, or rights to, property when those claims are knowingly untrue.

Perjury vs. Related Offenses

Perjury is often confused with other offenses. Here is how it differs:

• Perjury vs. False Testimony: False testimony (Articles 180-182 of the Revised Penal Code) specifically refers to lying while testifying as a witness in a judicial proceeding. Perjury under Article 183 is broader and covers any false statement under oath.
• Perjury vs. Falsification of Documents: Falsification (Articles 171-172 of the Revised Penal Code) involves altering or fabricating a document. Perjury involves making a false statement in a genuine sworn document.
• Perjury vs. Cyber Libel: Libel involves making defamatory statements that damage someone’s reputation. Perjury involves making false statements under oath. A single act may potentially give rise to both offenses depending on the circumstances.

Can a Perjury Case Be Used to Silence Witnesses?

This is a question that the Madriaga camp itself has raised in the Sara Duterte perjury case: whether perjury complaints can be used as tools to intimidate or silence individuals who testify in legal proceedings.

The answer depends on the facts. Filing a perjury case is a legitimate legal right when there is a genuine basis to believe that a person has lied under oath. However, filing a baseless perjury case for the purpose of harassment may itself give rise to legal consequences, such as a complaint for malicious prosecution.

The courts will ultimately examine the evidence and determine whether the statements in question were indeed false and whether they were made with deliberate intent to deceive.

Prescription Period

Perjury cases must be filed within a certain period. Under Philippine law, the prescriptive period for perjury is ten (10) years for perjury committed in judicial proceedings and six (6) years for perjury committed outside judicial proceedings, counted from the date the false statement was made.

What You Should Do

If someone has made false statements under oath that affect you, whether in a court case, in a government filing, or in a notarized document:

1. Gather your evidence. Document why the statements are false. Collect records, communications, photographs, or any proof that contradicts the sworn statement.
2. Consult a lawyer. A qualified attorney can assess whether the elements of perjury are present and advise you on the best course of action.
3. File a complaint-affidavit with the appropriate prosecutor’s office if the evidence supports it.
4. Consider related remedies. Depending on the circumstances, you may also have grounds for civil damages or other criminal complaints.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. The discussion of the Sara Duterte-Madriaga perjury case is based on publicly available news reports and is included for educational context only. For advice specific to your situation, please consult directly with a qualified attorney.

Consult with Edang Law

If you need legal assistance with a perjury case, whether you want to file a complaint against someone who has made false statements under oath or you are defending yourself against a perjury accusation, Edang Law can help. Atty. Rommel John G. Edang provides legal services to clients with cases in Guimaras and the Western Visayas region.

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