By Tracy Cabrera
SENATE, Pasay City — Detained senator Rodante ‘Dante’ Marcoleta and former Anakalusugan party-list representative Michael ‘Mike’ Defensor could face a subornation of perjury complaint for supposedly “coaching” retired Philippine Marine sergeant Orly Guteza while testifying before the Senate Blue Ribbon Committee last year.
This is the opinion of Senator Panfilo ‘Ping’ Lacson, who said that the sequence of events during the Blue Ribbon hearing showed that Marcoleta had prompted Guteza on what to include in his affidavit regarding his allegations that he delivered cash in suitcases to several personalities, including former House Speaker Ferdinand Martin Romualdez.
According to Lacson, “if (one) look(s) at the evidence and the sequence of events, it was clear that during the Blue Ribbon hearing, Marcoleta was ‘coaching’ Guteza, so (he) could be one of those facing a complaint for subornation of perjury.”
In a media briefing, the former Philippine National Police chief was asked if Marcoleta and Defensor could be held liable after Guteza alleged that the two lawmakers persuaded him to testify in exchange for money and scholarships for his children, and Lacson replied, “Yes, that’s right, if someone will file a complaint.”
He cited that former Speaker Romualdez, who was implicated in Guteza’s original allegations, could be among those who may initiate a complaint against Marcoleta and Defensor.
Corollary to this, Lacson enthused that the Department of Justice (DOJ) and the Office of the Ombudsman could conduct a preliminary investigation into possible perjury charges involving those behind Guteza’s original testimony.
“Perjury is considered a public offense. (We should) slap stiffer penalties at individuals who induce or compel others to commit perjury. There should be a lesson for those involved (. . .) We have a law providing penalties against it, but it has yet to be implemented properly,” he pointed out.
He also underscored the need to strictly implement Republic Act (RA) 11594, which imposes heavier prison terms and fines on those who commit perjury.
“(We) raised the penalty for perjury with the enactment of RA 11594, as a consequence of the extrajudicial killing hearings by the Senate Committee on Public Order and Dangerous Drugs in 2021, but ‘apparently its implementation is wanting’,” he noted.
Under Article 183 of the Revised Penal Code as amended by RA 11594, false testimony is punishable with prision mayor in its minimum period (six years and one day to eight years) and a fine of P1 million.
If the offender is a public officer or employee, the maximum jail time is increased to 12 years, along with perpetual absolute disqualification from holding any appointive or elective position in government.
In ending, Lacson cited Article 8 of the Revised Penal Code, which provides that a conspiracy exists when two or more persons “come to an agreement on the commission of a felony and decide to commit it.”
“Under Article 8 of the code, which covers conspiracy and proposal to commit a felony, a conspiracy involves two or more persons agreeing to commit a crime, while a proposal exists when the person who has decided to commit a felony proposes its execution to some other person or persons,” he explained to conclude.
ia/xf
