Lacson sounds off Marcoleta, Defensor's fate amid possible subjugation of perjury charge
At A Glance
- Senator Ping Lacson warns that a public official inducing perjury may be treated as a principal under conspiracy theory and face perpetual disqualification from office.
- He cites provisions of the Revised Penal Code, noting perjury is punishable by prision mayor and afflictive penalties apply to principals.
- Lacson links this to Senator Marcoleta and ex-Rep. Defensor, accused of subornation of perjury for allegedly coaching witness Orly Guteza, with possible complaints from DOJ or Ombudsman.
Senator Panfilo "Ping" Lacson (Facebook)
Senator Panfilo "Ping" Lacson says a public official who induces another person to commit perjury may be treated as a principal in the commission of the crime under the conspiracy theory.
In a statement Sunday, Aug. 23, Lacson underscored that such individual may also be subject to perpetual absolute disqualification from public office.
Lacson cited Article 8 of the Revised Penal Code (RPC), which provided that a conspiracy exists when two or more persons "come to an agreement on the commission of a felony and decide to commit it".
"SUBORNATION OF PERJURY: a public official who induces another person to commit perjury may be treated as a principal under the conspiracy theory (Art 8 RPC) in the commission of the crime and shall also suffer an accessory penalty of perpetual absolute disqualification," he said in a post on X.
Under Article 8 of the RPC which covers conspiracy and proposal to commit a felony, a conspiracy involves two or more persons agreeing to commit a crime, while a proposal exists "when the person who has decided to commit a felony proposes its execution to some other person or persons".
Lacson says Article 17 of the RPC, which identifies those considered principals, includes "those who directly force or induce others to commit it".
Perjury is a felony and a public offense, punishable by prision mayor in its minimum period under Article 183 of the RPC as amended by Republic Act (RA) No. 11594.
Article 25 of the RPC classifies “perpetual or temporary absolute disqualification” as an afflictive penalty and provides that afflictive penalties are imposed on principals.
Earlier, Lacson said he intends to file a bill imposing heavier penalties and fines for subornation of perjury.
On Saturday, Lacson said detained Senator Rodante Marcoleta and ex-Rep. Michael Defensor may face a complaint for subornation of perjury in connection with the “coached” testimony of ex-Marine Orly Guteza.
Lacson cited the records of the Blue Ribbon Committee showing Marcoleta prompting Guteza on what to say in Guteza’s affidavit during the panel's hearing in September 2025.
Guteza, who recanted his initial statement, claimed Marcoleta and Defensor induced him to testify in exchange for money and scholarships for his children.
Lacson said those who may file the complaints include the prejudiced party - or the Department of Justice (DOJ) and Office of the Ombudsman, due to the public nature of perjury.