Case Summary (G.R. No. 182291)
Procedural History
The case originates from a Petition for Review on Certiorari filed by Philip S. Yu, challenging the Decision and Resolution of the Court of Appeals dated December 20, 2007, and March 18, 2008, respectively, which granted Hernan G. Lim's petition for certiorari. This petition sought to nullify a prior resolution by the Secretary of Justice that directed the filing of an Information for Perjury against Lim.
Antecedent Events
On February 5, 2004, Lim, acting for HGL Development Corporation, filed a petition with the Regional Trial Court (RTC) of Zamboanga City to declare multiple Transfer Certificates of Title (TCTs) as null and void and revive the original TCTs held by the vendors (including Yu). Lim’s company sought to transfer title ownership, but the Register of Deeds refused due to prior cancellations of the titles based on loss claims by the vendors. Following this refusal, Lim filed a Cadastral Case (No. 04-09) which was dismissed for lack of merit in May 2004.
Subsequent Legal Actions
On June 2, 2004, HGL filed a separate complaint for specific performance against several vendors, including Yu. Subsequently, Yu accused Lim of perjury, asserting that Lim made false statements regarding other pending cases in a Verification and Certification against Forum Shopping attached to the complaint. Yu claimed Lim's assertion of not having initiated any other action regarding the same issues was deliberately false.
Rulings of the Office of the City Prosecutor
On February 15, 2006, the Office of the City Prosecutor of Caloocan City dismissed Yu's perjury complaint, concluding that the two cases involved different parties and rights, and thus lacked the requisite elements of forum shopping.
Department of Justice's Resolution
Yu appealed to the Department of Justice, which on September 4, 2006, reversed the prosecutor's decision, directing that charges for perjury be filed against Lim. The Department concluded that Lim's statements in the certification were misleading, as the two cases were, in essence, identical concerning parties, issues, and relief sought.
Court of Appeals' Verdict
Lim sought relief from the Court of Appeals, arguing that there was no probable cause for the perjury charge. The appellate court, in its December 20, 2007 decision, sided with Lim, stating the Secretary of Justice acted beyond his jurisdiction by allowing the perjury complaint to proceed despite the evident lack of probable cause.
Evaluation of Perjury Allegations
The primary issue under review is whether the Court of Appeals committed an error in setting aside the Department of Justice's resolutions. Petitioner Yu argued that all elements for perjury were met, including making a false statement under oath. The court reaffirmed that perjury requires a willful and deliberate act of falsehood, specifically evaluating the Verification and Certification against Forum Shopping's relationship to the elements of forum shopping.
Legal Reasoning by the Court
The court emphasiz
...continue readingCase Syllabus (G.R. No. 182291)
The Case
- Petitioner Philip S. Yu seeks to set aside the Decision dated December 20, 2007, and the Resolution dated March 18, 2008, of the Court of Appeals in CA-G.R. SP No. 99893.
- The challenged Decision and Resolution granted the respondent's petition for certiorari, nullifying the Resolution of the Secretary of Justice that ordered the filing of an Information against the respondent for the crime of Perjury.
Antecedents
- On February 5, 2004, the respondent, representing HGL Development Corporation (HGL), filed a petition before the Regional Trial Court (RTC) of Zamboanga City to declare new owner's duplicates of Transfer Certificates of Title (TCTs) as null and void and to revive the old owner's duplicate.
- The petition was initiated because petitioner and his co-owners sold the parcels of land to HGL via a Deed of Absolute Sale dated August 19, 2003.
- HGL's attempt to secure new TCTs was thwarted as the Register of Deeds refused to cancel the TCTs in the names of the vendors due to prior issuance of duplicates based on alleged loss of documents.
- Despite demands from the respondent for the vendors to surrender the new TCTs, they refused, prompting the filing of Cadastral Case No. 04-09.
- This case was dismissed for lack of merit on May 20, 2004.
- Subsequently, HGL filed a complaint for specific performance and other related claims against some vendors, including Philip S. Yu, docketed as Civil Case No. C-20899(04).
- On August 18, 2005, the petitioner filed a criminal complaint for Perjury against the respondent, alleging untruthful statements made in the Verification and Certification Against Forum