SNOSYad JO S/LVLS “IAD HL ISNIVOW SAID IX wALEVH — Chapter XIII CRIMES AGAINST HONOR 5 sotevatiy a teomeineneneny badges Q ttc, hetmatce 5 iba ar 385 4 ‘The clementsof ie under Arle 383 ofthe RPC athe following: (1) That there must bean imputation of a crime, or of a vice oF defect, real or imaginary, or any act, omission, condition, satus, or circumstance; (2) That the imputation must be made publicly; (3) That it must be malicious; (4) That the imputation ‘must be directed at a natural or juridical person, or one who is dead; (5) That the imputation must tend to cause the dishonor, discredit or contempt ofthe person defamed, NOTES. — Writen penises that are undeserved may constitute libel. (See Jimenez x: Reyes, 27 Pil. 52) Slander (Art. 388) Slander is oral defamation, It is the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business for means of livelihood. (Villanueva v. People, G.R. No. 160351, ‘April 10, 2006, 487 SCRA 42) ‘SPECIFIC CRIMES AND THEIR EMENTS Sete aki SPECT CHES ND THER ELEMENTS 87 Se Reneed foul Ce Bos‘There are two kinds of slander oF oral defamation: (1) Simple Slander; and (2) Grave Slander, when itis of serious and insulting nature. ‘The gravity of the oral defamation depends not only (1) ‘upon the expressions used, but also (2) on the personal relations of the accused and the offended party, and (3) the circumstances surrounding the case, (People v. laring, CA, 40 0.G. 3683, cited in Reyes, The Revised Penal Code Criminal Law, Book Two (18% Elton, 2012}, p. 1026) NOTES. - To say that apersonisa thiefis unquestionably a rave defamation. This imputes to him acrime thatis dishonorable orcontemptuous, (See Canal v People, G.R. No, 163181, October 19, 2005, 473 SCRA 403) ONOHLISNIVDV SAAT IX waLavtiD — Slander By Deed (Art. 359) It may be grave or light. With the words “by deed,” the slander is by act—not by words. Examples are engaging the ‘complainant toa fight to insult him and spitting on his face inthe ‘presence of third person or persons. Its elements are: (1) That the offender performs any act not included in any otber exime against honor; (2) That such act is performed in the presence of other person or persons; (3) That such act casts dishonor, discredit or contempt upon the offended, party. Incriminat 1g Innocent Persons (Art. 363) ‘The clements of the crime are: (1) That the offender performs an act; (2) That by such an act, he incriminates oF imputes to an innocent person the commission of a erime; (3) ‘That such act does not constitute perjury. Intriguing Against Honor (Art. 364) 1k has the following elements: (1) That the offender iseminaes any intige; nd 2) That its peineipal purpose sto blemish the honor or reputation ofa person, NOTES. - Sprealing gossips to alienate one's fiendship ‘ith another constitutes the crime of intriguing agaist honor. “YONOH LSNIVOV SN: LAV 38 ‘SPECIFIC CRIMES AND THEIR ELEMENTS Siete Pal Cade Bok ‘SPECIFIC CRIMES AND THEIR ELEMENTS 89 “tte food Cas HaREVIEW QUESTIONS: 1. Give five examples of crimes against honor. a, Q), e) @. 6) 2. What are the elements of libel?” YONOH LSNIVOY SNR :IDCBLAYHS — -YONOH LSMIvoy sano unc avg — 3, What are the elements of slander by deed? 4, What are the elements of incriminating innocent persons? 5. What are the elements of intriguing against honor? {6 Aspat on the face of Bin the presence of C, the grltiend ‘of B. What rime did A commit? 0 Pes PEs 94y ‘REVIEW QUESTIONS: 4. Give five examples of crimes against honor. w. @ Go) ®. @) 2 What are the elements of ibel? YONOH IswIVOW'IND Any waLaviE] —I a 8 a g a 5 § 90 SPECIFIC CRIMES AND THER EEEWTENTS 3. What are the elements of slander by deed? 4, What are the elements of incriminating innocent persons? 5. What are the elements of intriguing against honor? 6. A spat on the face of Bin the presence of C, the girftiend ‘of B, What crime did A commit? ‘SPECIFIC CRIMES AND THEIR ELEMENTS 1 Se ened fal Cade Hot Se Revel fu Cade Ba{YONOH ISNI¥DY SND 7. Ais spreading gossips that B (a hunk) is wearing ‘woman's clothes at night for the purpose of alienating the latter's friendship with C. What crime has A commited, ifany? Chapter XIV QUASI-OFFENSES| “Negligence isthe ust ofthe sul hat corodes through al her best elves” Oven Feltham saseauorevad anc rauavig — Imprudence and Negligence (Art. 365) Unier Ant 365 ofthe RPC, criminal negligence “is treated asa mere quasi offense, and dealt with separately ftom willful offenses. It is not a question of classification or terminology. In intentional crimes, the act itself is punished; in negligence or imprudence, what is principally penalized is the mental attitude or condition behing the act, the dangerous recklessness, lack of eare or foresight, the imprudencia punible...” (Rafael Reyes Trucking Corp. v People, G.R. No, 129009, April 3,2000, 329 SCRA 600) In criminal negligence, the injury caused to another should be unintentional-—as the act was done without malice but with lack of foresight, or with carelessness or negligence. (Vide: People v Castillo, Jr, 275 SCRA 752) ‘The elements of reckless imprudence are: (1) That the offender does or fails to do an act; (2) That the doing or the failure to do that act is voluntary; (3) That it be without malice; (4) That material damage results from the reckless imprudence;, and (5) That there is inexcusable lack of precaution on the part of the offender, taking into consideration his employment or ‘occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time and place, (Dr. Antonio P. Cabugao, et al. x People of the Philippines, et al, GR. No. 163879, July 30, 2014) 92 ‘SPECIFIC CRIMES AND THER ELEMENTS Nie eed fel Gale Bont it ‘SPECIFIC CRIMES AND THEIR ELEMENTS 93 Sette Pal Cade Ho