On the Element of Deliberate Assertion of Falsehood

The third element of perjury requires that the accused willfully and deliberately assert a falsehood. Good faith or lack of malice is a valid defense. Here, the Court finds that respondent Pascua’s statement in his counter-affidavit in OMB-ADM-1-99-0387 that he called the 16 July 1998 meeting does not constitute a deliberate assertion of falsehood.  While it was Yabut and some unidentified ACNTS personnel who requested a dialogue with respondent Pascua, it was respondent Pascua’s consent to their request which led to the holding of the meeting.  Thus, respondent Pascua’s statement in question is not false much less malicious.  It is a good faith interpretation of events leading to the holding of the meeting.

Regarding respondent Pascua’s allegation in his counter-affidavit in OMB-ADM-1-99-0387 that petitioner’s complaint was a mere “rehash and duplication with a slight deviation of fact” of the DECS administrative case petitioner and Yabut filed against respondent Pascua, petitioner has not shown why this is false.  Petitioner again did not furnish the Court a copy of her and Yabut’s complaint with the DECS.

Respondent Turla’s statement in OMB-ADM-1-99-0387 that respondent Pascua called the 16 July 1998 meeting was a mere reiteration of what respondent Pascua told him. Consequently, it was correct for public respondent to hold that since respondent Turla merely repeated what he heard from respondent Pascua, he could not be held liable for making a false and malicious statement.

There is grave abuse of discretion where power is exercised in arbitrary or despotic manner by reason of passion or hostility.  The abuse must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty or to act at all in contemplation of law. No such conduct can be imputed on public respondent.  Public respondent disposed of petitioner’s complaint consistent with applicable law.

SOURCE: [ G.R. NO. 144692, January 31, 2005 ] CELSA P. ACUÑA, PETITIONER, VS. DEPUTY OMBUDSMAN FOR LUZON, PEDRO PASCUA AND RONNIE TURLA, (ANGELES CITY NATIONAL TRADE SCHOOL), RESPONDENTS. Tags: Alcantara Alcoy moral damages Alegria actual damages Aloguinsan Argao Asturias Badian Balamban Bantayan Barili Boljoon Borbon Carmen Catmon Compostela Consolacion Cordova Daanbantayan Dumaguete Bais Sibulan Tampi Bacong Negros Bacolod Separation pay Resign Resignation Back wages Backwages Length of service pay benefit employee employer relationship Silay Kabankalan Daan Bantayan Dalaguete Dumanjug Ginatilan Liloan compensatory damages Madridejos Malabuyoc Medellin Minglanilla Moalboal Oslob Pilar Pinamungajan Poro Ronda Samboan San Fernando San Francisco San Remigio Sante Fe Santander Sibonga Sogod Tabogon Tabuelan Tuburan attorney’s fees Tudela exemplary damages Camotes General Luna Siargao Cagayan Davao Kidapawan Attorney Abogado Lawyer Architect Real Estate Broker nominal damages Sales Agent Properties for Sale Looking for Buyers Design Build House and Lot for Sale for Rent Talisay City Mandaue City Lapu Lapu Lapu-Lapu City Yncierto Sesante Villanueva Ruz Jan Edmond Marc Tim Timothy temperate damages Luz liquidated damages Kristin tct transfer certificate of title tax declaration birth certificate relocation survey surveying judicial titling administrative titling patent title denr cenro foreshore lease ecc environmental compliance certificate design build architect cebu engineer interior design designer residential commercial cebu property warehouse for rent for lease marc Christian yncierto ruz jan Edmond yncierto ruz Kristin Villanueva ruz Edmond mabalot ruz marriage certificate timber land forest land watershed agricultural lot land use conversion hearing trial illegal drugs trial lawyer business corporate lawyer labor lawyer immigration law bureau of immigration cebu 9g visa search warrant warrant of arrest motion to quash information complaint police officers buy bust physical suffering shocked horrified mental anguish fright serious anxiety besmirched reputation sleepless nights wounded feelings moral shock social humiliation similar injuries

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