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6.

Union bank filed 2 complaints for sum of money with prayer for a writ of replevin
against sps Eddie and Eliza Tamondong and a John Doe. The first complaint was filed
before the RTC, Pasay City. The second complaint was filed in the MeTC, Pasay City. In
both cases, Desi Tomas executed and signed the Certification against Forum Shopping.
She was charged of Perjury "by falsely declaring under oath in the Certificate against
Forum Shopping in the second complaint that she did not commence any other action or
proceeding involving the same issue in another tribunal or agency". The Certification
was notarized in Makati City but was submitted in Pasay City. The Information against
Union Bank and Tomas was filed in Makati. Tomas filed a Motion to Quash on the
grounds that the venue was improperly laid and argued that since it is the Pasay City
Court where the Certificate was submitted and used, it should have the jurisdiction over
the case against her. The MeTC-Makati City denied the Motion to Quash, ruling that it has
jurisdiction over the case since the Certificate was notarized there and the allegations in
the Information sufficiently charged Tomas with perjury. Issue: WON MeTC Makati City,
where the Certificate was notarized is the proper venue for the case of perjury. Held: Yes.
Rule 110, Sec. 15 of the Rules of Court states that criminal action shall be instituted where the
offense was committed or where any of its essential elements occurred. The crime of perjury
committed through the making of a false affidavit under Art. 183 of the RPC is committed at the
time the affiant subscribes and swears to his or her affidavit since it is at that time that all the
elements of the crime of perjury are executed. When the crime is committed through false
testimony under oath in a proceeding that is neither criminal nor civil, venue is at the place
where the testimony under oath is given. If in lieu of or as supplement to the actual testimony
made in a proceeding that is neither criminal nor civil, a written sown statement is submitted,
venue may either be at the place where the sworn statement is submitted or where the oath was
taken as the taking of the oath and the submission are both material ingredients of the crime
committed. In all cases, the determination of venue shall be based on the acts alleged in the
Information to be constitutive of the crime committed. Tomas subscribed and swore to her
Certificate against forum shopping in Makati City. Thus, Makati is the proper venue for the case.
(Union Bank of the Philippines and Desi Tomas. v. People, G.R. No. 192565, Feb. 28, 2012)