How about this following case, sir? The plaintiff in an Unlawful Detainer case, which is summary in nature, misrepresented herself as the owner of a property that's not yet partitioned among several compulsory heirs or their descendants and that she is the daughter of the late registered owner of the property when in truth and in fact, she is only a daughter-in-law and not a daughter. A decision was penned in her favor. She also affirmed the content of her complaint in her Verification. Since there was no judicial affidavit submitted and the judge only based his decision on the Complaint, what cause of action must be filed against her? Is this considered as "false testimony in a civil Case"?
Ang false testimony po kasi ay maari lang mangyari pag nag testify in open court ang witness. Since hindi naman sya nag testify, wala pong false testimony. But she can be charged with Perjury as she made false statements under oath in her complaint.
@@FiscalEJ dapat ito po yung focus ng discussion niyo. sa halos lahat ng books including mga vlogger na mga lawyer din wala makapag explain kung ano pagkakaiba ng false testimony sa perjury.
good day po what about po if ang complainant ay nag sampa ng kaso like estafa, then si accused ay nag oath through counter affidavit na pawang kasinungalingan with evidence pwede po ba na sampahan pa si accused ng kaso pang perjury?
Pwede po. But depende po yan kung papasok sa elements ng crime. Medyo kulang po kasi yung facts na ibinigay nyo. I cannot state for sure if papasok ba sa perjury.
The case is about Falsification of a Deed of Sale which showed that the signatures of sellers/owners was falsified and there were NO signatures of vendees yet it was successfully transferred and the accused was acquitted. For lack of witness the Court allowed a witness to testify to destroy the credibility of the person (he has not seen, he was only 12 years old that time, he testified when he was 27 years old already). Is he liable for false testimony?
@@FiscalEJ yes po, he was allowed to testify but not about the falsification not about the transfer, the sale but about the person. It could be ruled immaterial. But the court just allowed it.
Pwede po ba file-an ko ng perjury asawa ko dahil puro kasinungalingan allegations nya at he presented 2 false witnesses sa psychologist to attack that i am mentally ill. Lahat po ng testimonies nya ay kasinungalingan para lang ma-grant annulment na wala po ako idea na nag file sya.
@@FiscalEJ last na tanong na lang po. Hindi po ba ito protected ng priviledged communication? Or false testimony on a civil case is allowed to stand alone as cause of action?
@@momyvangie1000 iba po kasi yung defense of privileged communication as a defense in a libel case. Kahit na po sinisiraan kayo sa pleadings, hindi po kayo pwedeng magsampa ng kasong libel against ur husband. But with respect to witnesses who actually testified in court, pwede po kayong mag sampa ng kasong false testimony. Ang defense of privileged communication nag aaply lang po pag libel ang kaso.
@@FiscalEJ Maraming maraming salamat po Fiscal EJ. Sobrang laking tulong nyo po sa amin. Lalo sa kapanatagan ng aming kalooban. Mabuhay po kayo. God bless po.
sobrang nakakatulong po talaga to clarify some concerns na hindi ko po maintindihan sa book. salamat po ulit and ingat!
Salamat and you're welcome!
Thank you on this fiscal sir. Subrang nakakatulong sa akin.
You're welcome 😊
Hello Atty. EJ...Thank you very much letting me know the law...
You are welcome
Salamat po fiscal for enlightenment
You're welcome!
How about this following case, sir? The plaintiff in an Unlawful Detainer case, which is summary in nature, misrepresented herself as the owner of a property that's not yet partitioned among several compulsory heirs or their descendants and that she is the daughter of the late registered owner of the property when in truth and in fact, she is only a daughter-in-law and not a daughter. A decision was penned in her favor. She also affirmed the content of her complaint in her Verification. Since there was no judicial affidavit submitted and the judge only based his decision on the Complaint, what cause of action must be filed against her? Is this considered as "false testimony in a civil Case"?
Ang false testimony po kasi ay maari lang mangyari pag nag testify in open court ang witness. Since hindi naman sya nag testify, wala pong false testimony. But she can be charged with Perjury as she made false statements under oath in her complaint.
@@FiscalEJ dapat ito po yung focus ng discussion niyo. sa halos lahat ng books including mga vlogger na mga lawyer din wala makapag explain kung ano pagkakaiba ng false testimony sa perjury.
Ganyan nangyari sa RTIA for example Anjo Yllana and brothers but you still support
good day po what about po if ang complainant ay nag sampa ng kaso like estafa, then si accused ay nag oath through counter affidavit na pawang kasinungalingan with evidence pwede po ba na sampahan pa si accused ng kaso pang perjury?
Pwede po. But depende po yan kung papasok sa elements ng crime. Medyo kulang po kasi yung facts na ibinigay nyo. I cannot state for sure if papasok ba sa perjury.
It is respectfully submitted that false testimony can be committed in administrative case.
Atty, ano po pinagkaiba ng perjury at false testimony?? btw, salamat po napaka klaro ng discussion, sir.
Gagawa po ako ng lecture video abt perjury. Doon ko i-explain yung difference. 😊
Atty,,,,❤❤❤
The case is about Falsification of a Deed of Sale which showed that the signatures of sellers/owners was falsified and there were NO signatures of vendees yet it was successfully transferred and the accused was acquitted. For lack of witness the Court allowed a witness to testify to destroy the credibility of the person (he has not seen, he was only 12 years old that time, he testified when he was 27 years old already).
Is he liable for false testimony?
You mean to say he testified in favor of the accused?
@@FiscalEJ yes po, he was allowed to testify but not about the falsification not about the transfer, the sale but about the person. It could be ruled immaterial. But the court just allowed it.
A give a false testimony in a civil case filed by B against C. the false
testimony of A is in favor of C. What crime has A committed, if any?
Pwede po bang isagot Dito Yung tatlo ARTICLE 180to182 but not perjury?
Pwede po ba file-an ko ng perjury asawa ko dahil puro kasinungalingan allegations nya at he presented 2 false witnesses sa psychologist to attack that i am mentally ill. Lahat po ng testimonies nya ay kasinungalingan para lang ma-grant annulment na wala po ako idea na nag file sya.
Yes po, maam. Pero hindi po perjury but false testimony in a civil case ang kaso na dapat i-file.
@@FiscalEJ maraming salamat po sa pagtugon ninyo. Sana ay marami pa po kayong matulungan.
@@FiscalEJ last na tanong na lang po. Hindi po ba ito protected ng priviledged communication?
Or false testimony on a civil case is allowed to stand alone as cause of action?
@@momyvangie1000 iba po kasi yung defense of privileged communication as a defense in a libel case. Kahit na po sinisiraan kayo sa pleadings, hindi po kayo pwedeng magsampa ng kasong libel against ur husband.
But with respect to witnesses who actually testified in court, pwede po kayong mag sampa ng kasong false testimony. Ang defense of privileged communication nag aaply lang po pag libel ang kaso.
@@FiscalEJ Maraming maraming salamat po Fiscal EJ. Sobrang laking tulong nyo po sa amin. Lalo sa kapanatagan ng aming kalooban. Mabuhay po kayo. God bless po.
Ang sexual assault po ba ay bailable?
Yes po. 😊