Sample
Sample
Sample
False Testimony
Art. 180. False testimony against a defendant. — Any person who shall give
false testimony against the defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant in said case shall have
been sentenced to death;
2. The penalty of prision mayor, if the defendant shall have been sentenced
to reclusion temporal or reclusion perpetua;
3. The penalty of prision correccional, if the defendant shall have been
sentenced to any other afflictive penalty; and
4. The penalty of arresto mayor, if the defendant shall have been sentenced
to a correctional penalty or a fine, or shall have been acquitted.
ELEMENTS
1
4. The defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment
Penalty depends upon the sentence of the defendant against whom false
testimony is given.
The witness who gave false testimony is liable even if his testimony was not
considered by the court.
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Art. 181. False testimony favorable to the defendants. — Any person who
shall give false testimony in favor of the defendant in a criminal case, shall
suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period a fine not to exceed 1,000 pesos, if the
prosecution is for a felony punishable by an afflictive penalty, and the
penalty of arresto mayor in any other case.
False testimony is punished not because of the effect it actually produces, but
because if its tendency to favor or to prejudice the defendant.
The false testimony favorable to the defendant need not benefit the
defendant. It is sufficient that the false testimony was given with intent to
favor the defendant.