The criminal complaint against Mayor Perdices was filed by Mercedarius Dindo Patrimonio Generoso, a Filipino and former Dumaguete city councilor, who also writes a column in the Negros Chronicle, a weekly newspaper.
The criminal charges follows the civil suit for damages also filed by Generoso agasint Mayor Perdices, for violation of a person's constitutional right to press freedom.
Mercedarius Dindo Patrimonio Generoso accused Perdices of lying under oath in his sworn complaint and amended complaint which the mayor filed against Generoso in June and August this year.
According to Generoso, the city mayor is liable for violating Article 183 of the revised penal code entitled 'False testimony in other case and perjury in solemn affirmation'.
Generoso filed the perjury complaint and swore before First Assitant City Prosecutor Ely Escorial.
A person is liable for perjury if he executes a material statement under oath and swears before a notary public wherein he makes a deliberate and willful assertion of a falsehood.
Generoso said the mayor lied in his sworn complaint and amended complaint when he stated that the defendant he was suing was an Australian residing outside, and is not found in the Philippines.
After stating this, Mayor Perdices alleged uner oath that since the defendant is residing outside the Philppines, such circumnstance constitutes a ground for the issuance of a writ of attachment.
Thereafter, in the same sworn statement, mayor Perdices prayed for the issuance of a writ of attachment.
As it turned out, the summons was served upon Generoso, a Filipino and resident of Dumaguete City.
Mayor Perdices validated this service of summons and even alleged later that the Australian defendant he sued, and Generoso the Filipino, are one and the same person.
When these contemptuous acts of the mayor were exposed in the media, mayor Perdices went to court, through his lawyers, and withdrew his application for attachment.
For this Generoso is holding Perdices criminally liable for the blatant acts of mocking, abusing and disrespecting the justice system.
Generoso also said that the act of the mayor and his lawyers of trying to fool the court into issuing an illegal attachment, he will initiate separate contempt proceedings against the mayor and his lawyers.
Their contemptuous acts degrade and impede the administration of justice, Genroso said.