Union Bank vs. People

Union Bank vs. People

G.R. No. 192565, February 28, 2012

Nature of the case: PETITION for review on certiorari of a decision of the Regional Trial Court of Makati City, Br. 65

Venue

Facts:

Tomas was charged in court for perjury under Article 183 of the Revised Penal Code (RPC) for making a false narration in a Certificate against Forum Shopping. The accusation stemmed from petitioner Union Bank’s two (2) complaints for sum of money with prayer for a writ of replevin against the spouses Eddie and Eliza Tamondong and a John Doe. The first complaint and second complaint were filed in RTC Pasay City. Both complaints showed that Tomas executed and signed the Certification against Forum Shopping. Information filed in RTC Makati alleged that Tomas executed under oath false affidavit against forum shopping.

Tomas filed a Motion to Quash and argued that the venue was improperly laid since it is the Pasay City court (where the Certificate against Forum Shopping was submitted and used) and not the MeTC-Makati City (where the Certificate against Forum Shopping was subscribed) that has jurisdiction over the perjury case.

 

RTC denied the motion.

Issue:

What the proper venue of perjury under Article 183 of the RPC should be—Makati City, where the Certificate against Forum Shopping was notarized, or Pasay City, where the Certification was presented to the trial court.

Ruling:

The venue of criminal cases is not only in the place where the offense was committed, but also where any of its essential ingredients took place.

Where the jurisdiction of the court is being assailed in a criminal case on the ground of improper venue, the allegations in the complaint and information must be examined together with Section 15(a), Rule 110 of the 2000 Revised Rules of Criminal Procedure. On this basis, we find that the allegations in the Information sufficiently support a finding that the crime of perjury was committed by Tomas within the territorial jurisdiction of the MeTC-Makati City.  The first element of the crime of perjury, the execution of the subject Certificate against Forum Shopping was alleged in the Information to have been committed in Makati City. Likewise, the second and fourth elements, requiring the Certificate against Forum Shopping to be under oath before a notary public, were also sufficiently alleged in the Information to have been made in Makati City.

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.