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G.R. No.

192565 February 28, 2012


UNION BANK OF THE, PHILIPPINES AND DESI TOMAS
vs.
PEOPLE OF THE PHILIPPINES

FACTS:

Desi Tomas was charged with perjury for making a false narration in a Certificate
against Forum Shopping. It was alleged that Tomas stated under oath that the Union
Bank of the Philippines has not commenced any other action or proceeding involving
the same issues in another tribunal or agency aside from that which is filed before the
Regional Trial Court of Pasay City for the collection of sum of money with prayer of writ
of replevin filed against Eddie and Eliza Tamondong and a John Doe.

Tomas filed a motion to quash arguing that the Metropolitan Trial Court of Makati City
does not have jurisdiction over the case as, though it was notarized in Makati, the
Certificate against Forum Shopping was used or submitted before the Regional Trial
Court of Pasay City.

ISSUE:

Whether or not the Metropolitan Trial Court of Makati City has jurisdiction over the case
at bar.

HELD:

Yes, the Metropolitan Trial Court has jurisdiction to try and decide the case at bar.

Tomas’ deliberate and intentional assertion of falsehood was allegedly shown when she
made the false declarations in the Certificate against Forum Shopping before a notary
public in Makati City, despite her knowledge that the material statements she
subscribed and swore to were not true.

Thus, Makati City is the proper venue and MeTC-Makati City is the proper court to try
the perjury case against Tomas, pursuant to Section 15(a), Rule 110 of the 2000 Revised
Rules of Criminal Procedure as all the essential elements constituting the crime of perjury
were committed within the territorial jurisdiction of Makati City, not Pasay City.

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