Proper venue for perjury case

Proper venue for perjury case "I am contemplating filing a case for perjury against my opponent in a civil case when she made a false allegation in her certification against forum shopping. On this note, may I know where I should file the complaint? Is it in Quezon City, where the certification was notarized, or in Pasig City, where the civil case is still pending? YubuDear Yubu, The answer to your question is in Quezon City. Article 183 of Act 3815, otherwise known as the Revised Penal Code (RPC), penalizes any person who knowingly makes untruthful statements, 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.Pertinently for this crime, jurisdiction and venue are determined where one “makes an affidavit, on any material matter before a competent person authorized to administer an oath.” The constitutive act of the offense is the making of an affidavit thus, the criminal act is consummated when the statement containing a falsity is subscribed and sworn before a duly authorized person. Pertinently, in the case of Union Bank of the Philippines vs People (GR 192565, Feb. 28, 2012), penned by Associate Justice Arturo Brion, the Supreme Court elucidates, viz:“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.” (Emphasis given) In this query, since the certification under oath was subscribed and sworn to before the notary public in Quezon City, applying the cited jurisprudence, then it was at that moment when perjury was committed and consummated. Pasig City is not the proper venue with jurisdiction since at the time the certification was presented therein, all the elements for the crime of perjury were already consummated in Quezon City. In fact, none of the elements of the crime was committed in Pasig City.We hope that we were able to answer your query. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/