Union Bank of the Philippines and Desi Tomas. v. People, G.R. No. 192565, Feb. 28, 2012

Crim Pro - Jurisdiction

Facts:

Union bank filed two complaints for sum of money with prayer for a writ of replevin against spouses Eddie and Eliza Tamondong and a John Doe. The first complaint was filed before the RTC, Branch 109, Pasay City on April 13, 1998. The second complaint was filed on March 15, 2000 and was raffled in the MeTC, Branch 47, Pasay City.

        In both cases, Desi Tomas executed and signed the Certification against Forum Shopping. Then, she was charged of deliberately violating Article 183 of the RPC (perjury) "by falsely declaring under oath in the Certificate against Forum Shopping in the second complaint that she did not commence any other action or proceeding involving the same issue in another tribunal or agency". The Certification was notarized in Makati City but was submitted and used in Pasay City, while the Information against Union Bank and Tomas was filed in Makati.

            Tomas filed a Motion to Quash on the grounds that the venue was improperly laid and that the facts do not constitute an offense. On the first ground, Tomas argued that since it is the Pasay City Court where the Certificate was submitted and used, it should have the jurisdiction over the case against her. The MeTC-Makati City denied the Motion to Quash, ruling that it has jurisdiction over the case since the Certificate was notarized there and the allegations in the Information sufficiently charged Tomas with perjury. Her subsequent Motion for Reconsideration was denied. 

            When the case was elevated to the RTC-Makati City, the petitioners prayed that the ruling of the MeTC-Makati City be annulled and set aside on the ground of grave abuse of discretion. They also cited the rulings in US vs. Canet and Ilusorio v. Bildner which state that "venue and jurisdiction should be in the place where the false document was presented".

        The petition, however, was found to have no merit as a recent jurisprudence, Sy Tiong Shiou v. Sy. In the Sy Tiong Shiou case, the high court ruled that the criminal action shall be instituted and tried in the court of the municipality where the perjury was committed, or where any of its essential ingredients occured. The petitioners then filed this petition to the Supreme Court to address the seeming conflict between the rulings in Illusorio v. Bildner and Sy Tiong Shiou v. Sy.

Issue: Where is the proper venue of perjury under Art. 183 of the RPC - the place, where the Certificate against Forum Shopping was notarized or where the Certification was presented to the trial court?

Held: The place where the Certificate was notarized, the MeTC-Makati City, is the proper venue for the criminal action. 

            The criminal act charged was for the execution of an affidavit that contained a falsity. Art. 183 of the RPC is the applicable provision for this case; and following so, the jurisdiction and venue should be determined on the basis of this article which penalizes one who makes an affidavit upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires. The constitutive act of the offense is the making of an affidavit, so, the criminal act is consummated when the statement containing a falsity is subscribed and sworn before a duly authorized person.'

            The SC finds the ruling in Sy Tiong as more in accord with Art. 183 of the RPC. The Court ruled that the crime of perjury committed through the making of a false affidavit under Art. 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. 

          If in lieu of or as supplement to the actual testimony made in a proceeding that is neither criminal nor civil, a written sown statement is submitted, venue may either be at the place where the sworn statement is submitted or where the oath was taken as the taking of the oath and the submission are both material ingredients of the crime committed. In all cases, the determination of venue shall be based on the acts alleged in the Information to be constitutive of the crime committed.