Criminalizing intentional filing of false accusations in courts

From the Philippine News Agency (Sep 28): Criminalizing intentional filing of false accusations in courts

The House of Representatives approved on second reading last Sept. 21 House Bill No. 6148 which criminalizes intentional filing of false complaints in courts or and other government agencies exercising quasi-judicial or administrative powers.

“This measure seeks to protect any individual from others who bring false accusations in court without fear of prosecution except for a counter-suit. In such cases, said victim of false accusations suffers loss of integrity which may never be regained regardless of the outcome of the counter-suit,” Rep. Evelina G. Escudero, principal author, stressed.

The Committee on Revision of Laws, chaired by Rep. Marlyn L. Primicias-Agabas, earlier approved and sponsored HB 6148 in plenary until its passage, as contained in Committee Report 886, in substitution of the original HB 1733 filed by Rep. Escudero, with the committee chairperson as co-author.

HB 6149 is entitled “An Act increasing the penalties for the crime of slander by deed and including the intentional filing of a false complaint in court or with any government agency exercising quasi-judicial or administrative powers as one of its forms, amending for the purpose Article 359 of Act No. 3815, otherwise known as the Revised Penal Code.”

“Aside from penalizing the act of intentional filing of a false complaint, the proposed amendments also provide for stiffer penalty if proven that the false complaint was used as leverage against another to gain advantage or favor,” the authors said.

Article 359 of Act No. 3815 is proposed to be amended to read as follows: (amendments in bold big letters) “Article 359. Slander by Deed. – The penalty of (arresto mayor in its maximum) PRISION MAYOR IN ITS MEDIUM period to (prision correccional in its minimum) ITS MAXIMUM period or a fine (ranging from P200 to P1,000) OF 100,000 PESOS, OR BOTH, shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit, or contempt upon another person(.), INCLUDING THE INTENTIONAL FILING OF A FALSE COMPLAINT IN COURT OR IN ANY OTHER AGENCIES OR GOVERNMENT EXERCISING QUASI-JUDICIAL OR ADMINISTRATIVE POWERS. If said act is not of a serious nature, the penalty shall be (arresto menor) PRISION MAYOR IN ITS MINIMUM PERIOD or a fine (not exceeding 200 pesos) OF 50,000 PESOS.”

The amendment also provides a new paragraph to the aforementioned Article, which states: “IF DURING THE COURSE OF ANY FORMAL INVESTIGATION OR TRIAL OF THE CASE, IT IS PROVEN THAT THE ABOVE FALSE COMPLAINT HAS BEEN OR IS BEING USED BY THE COMPLAINANT TO GAIN ADVANTAGE OR TO RECEIVE A FAVORABLE DECISION, ACTION, OR RESOLUTION ON ANY MATTER, THE MAXIMUM PENALTY PROVIDED HEREIN SHALL BE IMPOSED.”

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=808575