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 Summary (G.R. No. 173935-38)

Factual Background

Respondents, as purported LDC corporate officers, filed sworn petitions alleging that original titles over condominium and real property were lost despite “earnest and diligent efforts” to locate them. Petitioner, asserting rightful possession of those originals, opposed the petitions. Respondents amended their pleadings to recite the belief of loss and to justify non-possession. Based on the original petitions, petitioner filed perjury charges before the Pasig City Prosecutor, alleging that those statements were willfully false and made to obtain new duplicate titles to petitioner’s prejudice.

Proceedings in the MeTC and RTC

  • Pasig City Metropolitan Trial Court (MeTC), Branch 72: Quashed the four consolidated informations for perjury on the ground that statements in judicial pleadings are absolutely privileged and hence not criminally prosecutable.
  • Pasig City RTC, Branch 263: Denied petitioner’s motion for reconsideration and affirmed the MeTC decision.

Supreme Court Certiorari Petition

Petitioner sought review under Rule 45, raising purely questions of law, contending that:

  1. Statements in pleadings, even if false, are not absolutely privileged against perjury charges; and
  2. The MeTC and RTC misapplied precedents (Flordelis v. Himalalaon and People v. Aquino) concerning privilege in pleadings.

Supreme Court’s Jurisdictional Analysis

The Court first addressed venue, a jurisdictional requirement in criminal prosecutions. Although the informations alleged that the petitions were “subscribed and sworn” in Pasig, they failed to specify that the material Judicial Proceedings occurred in Makati and Tagaytay—where the petitions were actually filed and where the alleged falsehoods had material effect. Under Article 183 RPC and jurisprudence, perjury requires:
a. A statement under oath on a material matter;
b. Before a competent officer;
c. Willful and deliberate falsity;
d. Required by law or made for a legal purpose.

Venue lies in the locality where the oath-bound false statement is intended to influence judicial decision—that is, where the petition was pending. The mere notarization in Pasig does not control venue. Consequently, the Pasig MeTC lacked jurisdiction to try the perjury charges.

Privileged Nature of Pleadings

Although the MeTC and RTC relied on precedents holding certain statements in pleadings as “absolutely privileged” in libel actions and in civil-action answers not under oath, the Supreme Court observed:

  • Flordelis v. Hi

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