Scribd Logo
Upload

Welcome to Scribd!

  • 1K views

    Prescriptive Period

    Uploaded by

    Bey Villanueva
    The document discusses the crime of perjury under Philippine law. It defines perjury as the willful and corrupt assertion of a falsehood under oath on a material matter. The penalty for perjury is arresto mayor in its maximum period to prision correccional in its minimum period. The document also notes that crimes punishable by correctional penalties prescribe in 10 years. Therefore, the 7 years and 4 months between the alleged perjury and the institution of proceedings was within the 10-year statute of limitations. The accused, Rufo B. Cruz, is sentenced to 4 months of arresto mayor as minimum to 1 year and 1 day of prision correccional as maximum.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Prescriptive Period

    Uploaded by

    Bey Villanueva
    1K views2 pages
    The document discusses the crime of perjury under Philippine law. It defines perjury as the willful and corrupt assertion of a falsehood under oath on a material matter. The penalty for perjury is arresto mayor in its maximum period to prision correccional in its minimum period. The document also notes that crimes punishable by correctional penalties prescribe in 10 years. Therefore, the 7 years and 4 months between the alleged perjury and the institution of proceedings was within the 10-year statute of limitations. The accused, Rufo B. Cruz, is sentenced to 4 months of arresto mayor as minimum to 1 year and 1 day of prision correccional as maximum.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses the crime of perjury under Philippine law. It defines perjury as the willful and corrupt assertion of a falsehood under oath on a material matter. The penalty for perjury is arresto mayor in its maximum period to prision correccional in its minimum period. The document also notes that crimes punishable by correctional penalties prescribe in 10 years. Therefore, the 7 years and 4 months between the alleged perjury and the institution of proceedings was within the 10-year statute of limitations. The accused, Rufo B. Cruz, is sentenced to 4 months of arresto mayor as minimum to 1 year and 1 day of prision correccional as maximum.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Prescriptive Period

    Uploaded by

    Bey Villanueva
    The document discusses the crime of perjury under Philippine law. It defines perjury as the willful and corrupt assertion of a falsehood under oath on a material matter. The penalty for perjury is arresto mayor in its maximum period to prision correccional in its minimum period. The document also notes that crimes punishable by correctional penalties prescribe in 10 years. Therefore, the 7 years and 4 months between the alleged perjury and the institution of proceedings was within the 10-year statute of limitations. The accused, Rufo B. Cruz, is sentenced to 4 months of arresto mayor as minimum to 1 year and 1 day of prision correccional as maximum.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PERJURY

    PEOPLE VS. RUFO B. CRUZ


    G.R. No. L-15132
    May 25, 1960

    That offense as defined in Article 183 of the Revised Penal Code is the
    willful and corrupt assertion of a falsehood under oath or affirmation
    administered by authority of law on a material matter. The said article
    provides:

    ART. 183. False testimony in other cases and perjury in solemn


    affirmation. — The penalty of arresto mayor in its maximum period to
    prision correccional in its minimum 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 to make an affidavit, upon any material matter before a competent
    person authorized to administer an oath in cases in which the law so
    requires.

    Any person who, in the case of solemn affirmation made in lieu of an oath,
    shall commit any of the falsehood mentioned in this and the three
    preceding articles of this section, shall suffer the respective penalties
    provided therein.

    Under paragraph 3 of Article 90 of the Revised Penal Code, "Those


    crimes, punishable by a correctional penalty shall prescribed in ten years;
    with the exception of those punishable by arresto mayor, which shall
    prescribed in five years." While the penalty fixed by law is a compound one,
    the highest penalty shall, according to the last paragraph of the same
    article, be made the basis of the application of the rules contained therein.
    The penalty for the crime of perjury being a compound one, the
    highest of which is correctional, we hold that said crime
    prescribes in ten years. Even assuming, therefore, that the prescription
    of the offense here in question began to run from the date of its
    commission, since there was nothing that was concealed or needed to be
    discovered, as maintained by the accused, it is apparent that the present
    proceedings were, under the law, commenced within the statutory period.
    From October 19, 1948, when the application form was accomplished, to
    February 27, 1956, when these proceedings were instituted, only 7 years, 4
    months and 8 days have elapsed.
    The penalty for perjury under Article 183 of the Revised Penal Code, as
    already seen, is arresto mayor in its maximum period to prision
    correccional in its minimum period. Since there is no mitigating or
    aggravating circumstance the penalty should be imposed in its medium
    period. Applying the Indeterminate Sentence Law, the penalty should be
    from 4 months of arresto mayor as minimum to 1 year and 1 day of prision
    correccional as maximum.

    Wherefore, with the modification that the accused is hereby sentenced to


    suffer the penalty of from 4 months of arresto mayor as minimum to 1 year
    and 1 day of prision correccional as maximum, the judgment appealed from
    is affirmed. Costs against the accused-appellant.

    You might also like