Dear Attorney,
Good day, Attorney. I would like to ask for your advice regarding a case I am involved in. The respondent in my case submitted a position paper that contains false evidence. In contrast, all the evidence I submitted in my position paper is true. However, in the respondent's reply, they claimed that my evidence was false and, once again, presented false evidence in their reply. What legal action can I take against the respondent for these false claims? I would greatly appreciate your advice. Thank you.
Insights
In cases where a party submits false evidence or makes untruthful statements in a position paper or other legal pleadings, there are legal remedies available under Philippine law. The legal principle that may apply here is the obligation to maintain good faith and honesty in judicial proceedings.
1. Perjury (Article 183, Revised Penal Code)
Perjury is committed when a person willfully and deliberately makes a false statement under oath. If the respondent in your case has made a sworn statement or affidavit containing false information, you may consider filing a case for perjury. Perjury is a criminal act punishable by imprisonment. However, you must be able to prove that the false statements were made deliberately and that the respondent knew they were false at the time.
2. Falsification of Public Documents (Article 171, Revised Penal Code)
If the false evidence consists of falsified documents presented to the court, the act may fall under the crime of falsification of public documents. Falsification is committed when a person alters or fabricates a public document to make it appear that it contains factual information when it does not. Presenting such documents in court can be a ground for criminal liability.
3. Contempt of Court (Rule 71, Rules of Court)
If the falsehoods committed by the respondent amount to disrespecting or obstructing the proceedings of the court, you can move for the respondent to be held in contempt of court. A party who knowingly submits false evidence in court is engaging in misconduct, and the court may impose sanctions, including fines or imprisonment.
4. Defensive Measures: Disputing False Evidence
In addition to any potential criminal action, you must also take steps to address the false claims within the current proceedings. In your reply or counter-pleadings, it is crucial to disprove the respondent’s false evidence by providing the court with objective and credible proof to support your claims. Strong, verifiable evidence can expose the falsehoods of the other party, ultimately discrediting their position.
5. Libel or Slander
If the false statements made by the respondent have caused damage to your reputation, and these statements were made in public or filed in open court documents, you may also consider filing a case for libel or slander. However, this would require proof that the false statements were published or communicated to third parties outside of the judicial proceedings and caused harm to your reputation.
6. Ethical Complaints
If the respondent is represented by a lawyer and you have reason to believe that the lawyer knowingly participated in submitting false evidence, you may file an ethical complaint against the attorney with the Integrated Bar of the Philippines (IBP). Lawyers are bound by strict ethical rules, and submitting false evidence can be grounds for disciplinary action.
In summary, you may consider filing cases for perjury, falsification of public documents, or contempt of court, depending on the nature of the false evidence submitted. Additionally, it is crucial to effectively disprove the respondent’s false claims within the current judicial proceedings. Engaging the assistance of legal counsel is important to ensure that you take the correct legal steps and properly defend your case.