G.R. No. 164443 - Masangkay vs. People

In June 1990, Eriberto S. Masangkay (petitioner), his common-law wife, relatives, and an associate incorporated Megatel Factors, Inc. (MFI).
On December 29, 1993, petitioner filed with the SEC a sworn petition for the involuntary dissolution of MFI under Section 105 of the Corporation Code (PD 902-A, as amended), alleging:

A purported Board meeting on December 5, 1992, approving a “Deed of Exchange with Cancellation of Usufruct” was fictitious and never took place.
The Deed of Exchange, transferring Lot No. 2069-A-2 (3,014 sqm) owned by minor Gilberto Ricaros Masangkay for 3,700 MFI shares, was simulated and deprived the minor of consideration.

The dissolution case (SEC Case No. 12-93-4650) remains pending before the RTC pursuant to RA 8799.

Cesar Masangkay (respondent in the SEC case) filed a perjury complaint before the Rizal Provincial Prosecutor, alleging petitioner knowingly made false statements under oath in the SEC petition. The complaint was initially dismissed, then reinstated by the DOJ.
An information for perjury under Article 183, RPC, was filed as Criminal Case No. 56495 in MeTC Mandaluyong City, Branch 59.
Petitioner moved to quash, arguing:

Primary jurisdiction lay with the SEC under PD 902-A.
A prejudicial question existed because the truth of his SEC allegations was unresolved.

MeTC denied the motion; RTC Pasig and CA likewise denied certiorari petitions; petitioner pleaded not guilty, waived pre-trial, and proceeded to trial.

Cesar testified the December 5, 1992 meeting occurred at MFI’s Laguna office, presenting minutes signed by petitioner, showing unanimous approval of the exchange.
He introduced the guardianship court proceedings and approval of the exchange, and two earlier secretary’s certificates (April 6 and September 5, 1992) signed by petitioner.

Petitioner admitted signing the minutes but maintained no meeting was held; signatures were affixed when minutes were brought to his home.
Elizabeth Masangkay (corporate secretary) could not recall issuing notice for the December 5 meeting and testified no MFI stock certificates were issued to Gilberto or any stockholder.
A notice of “initial” board meeting dated October 19, 1993 for November 9, 1993 was introduced to support that no prior meeting occurred.

MeTC (Oct. 18, 2000) found petitioner guilty of perjury, sentencing him to two months arresto mayor (min.) to one year one day arresto mayor (max.) and prisión correccional (min.).
RTC Branch 213 affirmed the conviction in toto.
CA in CA-G.R. CR No. 25775 affirmed the conviction but modified the penalty to six months and one day of prisión correccional minimum. Reconsideration was denied.

Whether the prosecution proved a deliberate assertion of falsehood by petitioner.
Whether petitioner’s allegation that no December 5, 1992 meeting occurred was material to his SEC petition.
Whether perjury proceedings may continue while the main dissolution case remains pending.