MANILA, Philippines (Updated 1:26) — A Manila court has found Peter Joemel Advincula, who claims to be the “Bikoy” in the “Ang Totoong Narco-list” videos that went viral in 2019, guilty of perjury over false claims he made against members of the Free Legal Assistance Group.
The Manila Metropolitan Trial Court Branch 17 found Advincula “guilty beyond reasonable doubt of the crime perjury.
Bikoy Guilty!!! pic.twitter.com/VoNAk61A47 — Erin Tañada (@erintanada) May 24, 2023
Perjury, or making untruthful statements under oath or as part of an affidavit, is punishable under Article 183 of the Revised Penal Code.
Judge Karla Funtila-Abugan sentenced Advincula to imprisonment of from three months and one day to a maximum of one year and one day.
“No civil liability is adjudged for lack of basis,” the order, shared by lawyer Erin Tañada who was one of the complainants, read.
So-called Project Sodoma
The case stemmed from a perjury rap filed against Advincula by FLAG lawyers Tañada, Chel Diokno and Theodore Te.
It is an offshoot of a sedition complaint the police filed against more than 30 personalities linked to the political opposition, where Advincula was both a respondent and witness.
The FLAG lawyers sued Advincula for lying in his sworn affidavit when he linked them to “Project Sodoma”, a supposed plot to erode trust in the government and that he said was meant to lead to the ouster of then-President Rodrigo Duterte.
Advincula had claimed that the lawyers met him on March 4, 2019 to supposedly discuss strategies to strengthen the campaign of the opposition's "Otso Diretso" candidates and plot against Hugpong ng Pagbabago aspirants in the 2019 elections.
But the three FLAG lawyers denied meeting Advicunla on that day and added they were not involved in any plot against any candidate or ally of Hugpong ng Pagbabago, the administration coalition's slate.
Diokno and Tañada said they were at the Ateneo de Manila University on the said date to attend a media forum for Senate bets. Te meanwhile said he met Advincula — on May 2 and for legal assidtance to a potential pro bono client.
“The prosecution was able to prove all the elements of perjury,” the court said. It added that it found that there was “deliberate falsehood” in Advincula’s statements.
“Accused’s statements do not appear to be an expression of his opinion or a judgement. Accused made them under the pretext that he was present and participated in the meetings allegedly held on March 4, 2019 and May 2, 2019,” the ruling read.
The court however did not find sufficient basis to award nominal damages. While the three FLAG lawyers asserted that the accusation has besmirched their reputation, the court said no evidence was offered to support this.
“Thus the award of moral damages has no legal basis to stand on,” it added.
Sedition complaint
Advincula’s testimony formed part of the sedition complaint filed by Philippine National Police against dozens of respondents, most of them linked to the political opposition.
Advincula first surfaced to assert the allegations in the “Ang Totoong Narcolist” video series, where he tagged Duterte in the illegal drug trade. But, within the same month, Advincula changed his tune and pointed to the opposition, particularly former Sen. Antonio Trillanes IV, for allegedly orchestrating the scheme against Duterte.
A complaint was filed before the Department of Justice, but at the end of the preliminary investigation, only 11 people—including Advincula and Trillanes—named in the police complaint were charged with conspiracy to commit sedition.
The complaints against dozens of others, including the FLAG lawyers, were dismissed.