Dumaguete City Mayor Agustin R. Perdices has been charged with two counts of perjury with the Dumaguete City prosecutors office.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.
3 comments:
Dear Mr. Dejaresco i would like to refresh your sources of information and at the same time to compare the similar situation of Mayor Perdices acusations against a filipino ( Australian Citizen ) and the similar acusations of former Negros Oriental Congressman Mike Romero against an Australian Citizen with tourist visa residing at Dumaguette City On 2002.
When nobody has the courage to live with dignity and honesty this is what happen again and again, and always with serious consecuences at the short or long term for bouth partys.
just settle it. pera pera lang yan
jdp
I don't know about Dindo the complainant. But if I were in his place, I won't. Modesty aside, I consider my self pretty good at compromise and settlement. But there are things that are better left to be litigated. At hindi naman po lahat pera-pera lang. But as I said, I am not Dindo.
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