Title
Ilusorio vs. Bildner
Case
G.R. No. 173935-38
Decision Date
Dec 23, 2008
Petitioner charged respondents with perjury for falsely claiming loss of property titles in court petitions filed in Makati and Tagaytay. Supreme Court ruled Pasig lacked jurisdiction; absolute privilege does not shield perjury.

Case Digest (G.R. No. 212774)
Expanded Legal Reasoning Model

Facts:

  • Background of the dispute
    • Petitioner Erlinda K. Ilusorio, as bona fide president and chair of Lakeridge Development Corporation (LDC), held the original duplicate certificates of title (CCT No. 21578 in Makati; TCT Nos. 17010, 17011, 17012 in Tagaytay) for LDC properties.
    • Respondents Ma. Erlinda I. Bildner, Lily F. Raqueao, Sylvia K. Ilusorio, Ma. Cristina A. Ilusorio, and Aurora I. Montemayor, purporting to represent LDC, filed before the RTCs of Makati and Tagaytay petitions for issuance of new owner’s duplicate copies of the said titles, alleging that the originals were lost despite “earnest and diligent efforts” to locate them.
  • Procedural history
    • Petitioner opposed these petitions and respondents amended them to acknowledge petitioner’s possession of the originals and respondents’ lack of authority to hold them.
    • Petitioner filed charges of falsification of public documents and perjury before the Pasig City Prosecutor’s Office; falsification was dismissed but perjury informations were filed in MeTC Pasig (Criminal Cases Nos. 121496–121499).
    • MeTC Pasig granted respondents’ motions to quash the informations on the ground that the pleadings were “absolutely privileged” (citing Flordelis v. Himalalaon and People v. Aquino). RTC Branch 263 of Pasig City affirmed. Petitioner filed a Rule 45 petition for certiorari with the Supreme Court.

Issues:

  • Whether Pasig City MeTC has jurisdiction (proper venue) over the perjury informations when the material false statements relate to petitions filed in Makati and Tagaytay.
  • Whether statements in judicial pleadings are absolutely privileged such that they cannot form the basis for a criminal perjury prosecution.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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