Friday, February 20, 2009

MONFORT III V. SALVATIERRA (CRIM)


PERJURY is the willful and corrupt assertion of a falsehood under oath or affirmation administered by authority of law on a material matter.

Elements:

That the accused made a statement under oath or executed an affidavit upon a material matter;

  1. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath;
  2. That in the statement or affidavit, the accused made WILLFUL AND DELIBERATE ASSERTION OF A FALSEHOOD; and
  3. That the sworn statement or afidavit containing the falsity is required by law to be made for a legal purpose.

The third element of perjury requires that the accused had willfully and deliberately asseted a falsehood. A mere assertion of a false objective fact is not sufficient. It msut be deliberate and willful.

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