Perjury Philippines withdrawal is a common issue raised by clients who believe that withdrawing a complaint, affidavit, or verified pleading will automatically prevent criminal liability.

This is a dangerous misconception.

Under Philippine law, perjury Philippines is already committed the moment a false statement is made under oath, and withdrawal does not erase the crime.

If you are dealing with a sworn statement, affidavit, or complaint, understanding perjury Philippines withdrawal rules is critical to avoid serious criminal consequences. deceive.

What is Perjury Philippines?

Under Article 183 of the Revised Penal Code, as amended:

Perjury Philippines occurs when a person knowingly makes an untruthful statement under oath on a material matter before a competent authority.

The law provides:

A person who knowingly makes untruthful statements under oath on a material matter shall be punished under the law.

Key Insight:
Perjury Philippines is not about being mistaken, it is about intentionally lying under oath.

Elements of Perjury Philippines

To successfully prosecute perjury Philippines, ALL elements must be proven:

1. A statement was made under oath or through an affidavit
2. The oath was administered by a competent authority
3. The statement involved a material matter
4. There was a willful and deliberate assertion of falsehood

As clarified by the Supreme Court, in the casesof  Saulo v. People, G.R. No. 242900, June 08, 2020:

The false statement must be willful, deliberate, and made with knowledge of its falsity.

Missing even one element can result in dismissal of the case.

Perjury Philippines: Does Withdrawal Remove Criminal Liability?

The short answer:

No. Withdrawal does NOT erase perjury liability.

Even if a complaint or affidavit is withdrawn:

1. The false statement already exists
2. The act of lying under oath has already been completed

As explained in Union Bank of the Philippines v. People, G.R. No. 192565, February 28, 2012:

Perjury is consummated when the false statement is subscribed and sworn to under oath.

Why Withdrawal Does Not Prevent Perjury Philippines Cases

The key legal principle:

Perjury punishes the act of lying under oath, not the existence of the document.

This means:

• Withdrawal only affects the underlying case
• It does NOT affect the criminal act already committed

The Supreme Court in the case of Choa v. People, G.R. No. 142011, March 14, 2003 ruled:

Withdrawal of a verified petition does not extinguish perjury liability once the false statement has already been made.

When is Perjury Philippines Committed?

A critical rule in perjury Philippines cases:

The crime is committed at the moment the affidavit or sworn statement is signed and sworn.

This is confirmed by doctrine:

The criminal act is consummated when the statement containing falsity is subscribed and sworn.

Common Situations Where Perjury Philippines Withdrawal Issues Arise

This issue frequently appears in:

• Verified complaints
• Affidavits filed in court
• Affidavits of desistance
• Sworn government forms
• Verified petitions

If these documents contain false statements, withdrawal will not protect the signer.

Perjury Philippines Penalties (Important Reminder)

Under current law:

• Imprisonment: 6 years and 1 day to 8 years
• Fine: Up to ₱1,000,000
• Additional penalties: Disqualification (for public officers)

Perjury Philippines is now a high-risk criminal offense.

Common Defense Strategy in Perjury Philippines Withdrawal Cases

While withdrawal does not erase liability, it may still be relevant in defense:

1. Lack of Intent

Withdrawal may support:

• Good faith
• Absence of deliberate intent

2. Lack of Materiality

If the statement does not affect the outcome, it may not qualify as perjury.

3. Lack of Proof of Falsity

The prosecution must still prove:

• The statement is false
• The accused knew it was false

Where to File Perjury Philippines Cases

Venue remains critical:

File where the affidavit was notarized or sworn

This is where the crime is legally considered committed.

Practical Legal Strategy

In real cases:

1. Withdrawal does NOT protect you
2. Timing matters (before vs after oath)
3. Evidence of intent is crucial

Many perjury cases fail due to weak proof—but strong cases lead to serious penalties.

Conclusion

Perjury Philippines withdrawal does not erase criminal liability.

The law is clear:

1. Perjury is committed upon signing under oath
2. Withdrawal does not undo the crime
3. Criminal prosecution may proceed regardless

Because of the severe penalties, individuals must exercise extreme caution when executing sworn documents.

Frequently Asked Questions (FAQs)

Need Legal Assistance?

If you are facing a perjury Philippines case involving a withdrawn affidavit or complaint, immediate legal advice is critical.

Romualdez Law Offices assists in:

1. Perjury defense and case evaluation
2. Filing criminal complaints
3. Legal strategy for affidavit-based cases

Early intervention can determine whether a case is dismissed or prosecuted.

Related Readings:

Perjury Philippines: Complete Guide to Elements, Penalties, and Defenses (2026)

This article was prepared by Romualdez Law Offices, a Philippine law firm providing legal services in criminal law, family law, corporate law, and dispute resolution.