THE Department of Justice (DOJ) said it has found enough evidence to indict suspected rice smuggler Davidson Bangayan for perjury.
In a resolution dated April 8, 2014, the DOJ responded to a complaint filed by Horace Cruda against Bangayan, the owner and operator of Advanced Scrap Specialist Corp., for violating the Revised Penal Code’s Article 183 that defines the crime of perjury.
Cruda, the secretary of the Senate Committee on Agriculture and Food, alleged that during a committee hearing on rice smuggling, Bangayan refused to acknowledge that he and David Tan were the same person.
Perjury is committed when “[a]the accused made a statement under oath or executed an affidavit upon a material matter; [b]the statement or affidavit was made before a competent officer who is authorized to receive and administer oaths; [c]in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and that the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose.”
Prosecution lawyer Loverhette Jeffrey Villordon ruled that all the elements of the crime were present in the case.
“The presence of the second element was not an issue, since respondent Bangayan undoubtedly took an oath before the chairman of the committee to tell the whole truth during the committee hearings held on 22 January 2014 and 03 February 2014,” he said.