Question

Sisenando purchased the shares of the stockholders of Estrella Corporation in two installments, making him the majority stockholder thereof and eventually, its president. Because the stockholders who sold their stocks failed to comply with their warranties attendant to the sale, Sisenando withheld payment of the second installment due on the shares and deposited the money in escrow instead, subject to release once said stockholders comply with their warranties. The stockholders concerned, in turn, rescinded the sale in question and removed Sisenando from the Presidency of the Estrella Corp. Sisenando then filed a verified complaint for damages against said stockholders in his capacity as president and principal stockholder of Estrella Corp.

In retaliation, the stockholders concerned, after petitioning the Securities and Exchange Commission to declare the rescission valid, further filed a criminal case for perjury against Sisenando, claiming that the latter perjured himself when he stated under oath in the verification of his complaint for damages that he is the President of the Estrella Corporation when in fact he had already been removed as such.

Under the facts of the case, could Sisenando be held liable for perjury? Explain. (1996 BAR)

0/1500
5:00
Skip