You are on page 1of 2

Incriminating Innocent Person What are the felonies under incriminatory machination? 1. Incriminating innocent person 2.

Intriguing against honor Art. 363. Incriminating innocent person. Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor. ELEMENTS 1. That the offender performs an act 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime 3. That such act does not constitute perjury How committed Planting of evidence or incriminating innocent person is committed by performing an act by which the offender directly incriminates or imputes to an innocent person the commission of a crime. Planting evidence This article is limited to planting evidence and the like which do not in themselves constitute false prosecution but tend directly to cause false prosecution. A taking advantage of the fact that B was in the toilet while his (Bs) coat was hanging on the back of the chair, placed a small bottled of opium in the pocket of the coat. Then A called a policeman and told the latter that B had a bottle of opium in his pocket. NOTE: A performed an act by putting in Bs pocket a bottle of opium, This is called planting evidence. A person took the wallet from the pants of a person and put it into the pocket of another. - Incriminating innocent person by planting evidence because the imputation is that the latter committed theft. False accusation is defamatory or perjury under the RPC Under the RPC, one who false accuses another of a crime may be held liable whether for libel or perjury, depending upon the manner or form in which the act is committed. Complex crime of incriminating innocent person through unlawful arrest There is a complex crime of incriminating an innocent person through unlawfularrest, by which the two offenses fo rm a complex crime, which is only one crime.

Incriminating an InnocentPerson Committed by performing an act bywhich the offender directly incriminates orimputes to an innocent person thecommission of a crime. Limited to the act of planting evidenceand the like, in order to incriminate an innocentperson.

Perjury by False Accusation The gravamen of the offense is theimputation itself, falsely made, before an officer. The giving of false statement underoath or the making of a false affidavit, imputing to a person thecommission of a crime.

IncriminatoryMachination The offender does not availhimself of written or spoken words in besmirching the victims reputation, as would be in the case of defamation.

Defamation The imputation made by the offendermust be public and malicious, and, besides, must be calculated to cause the dishonor,discredit or contempt of the aggrievedparty.

Intriguing against Honor Art. 364. Intriguing against honor. The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.

How is intriguing against honor committed? Committed by a person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. Intriguing against honor is any scheme or plot by means consist of some trickery. It is akin to slander by deed, in that the offender does not avail directly of written or spoken words, pictures or caricatures to ridicule his victim but of some ingenious, crafty and secret plot, producing the same effect. Why are you going with her? Masamang tao yan. All her neighbors are enemies. Maraming asunto sya. Held: Defamation is defined as "a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, mission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead (Art. 353) Having this in mind, we hold that the case is one ofdefamation and not that of intriguing against honor.

Incriminating an InnocentPerson The offender performs an act by which he directly incriminates orimputes to an innocent person the commission of a crime.

Intriguing Against Honor The offender makes any intrigue for the purpose of blemishing thehonor or reputation of anotherperson.

Intriguing againstHonor The source or author of the derogatory information is unknown and the offender appears to be repeating only what he heard others say. The offender does not really want to assume responsibility for the statement but imputes it to another from whom he learned the statement.

Defamation Where the source of the information can be pinpointed and definitely determined, and the person passes the same to another for the purpose of causing dishonor to complainants reputation. Public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, mission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.