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Incriminating innocent person, A363 Revised Penal Code

To incriminate an innocent person is to perform an act which tends directly to cause a false prosecution.

1. Concept

Incriminating innocent person – refers to the performing of an act which tends directly to cause a false prosecution.

a. Legal basis

Article 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.

(Revised Penal Code)

2. Mode of commission

The following is the mode of committing the offense:

• To directly incriminates or imputes to an innocent person the commission of a crime

a. Mode: To incriminate or impute

Elements of the offense of incriminating innocent persons:

1) The offender performs an act;

2) By such act he directly incriminates or imputes to an innocent person the commission of a crime; and

3) Such act does not constitute perjury. (Datuin v. Campano, Jr., G.R. No. 172142, October 17, 2007, Per Carpio Morales, J.)

1) Element 1: Act

The offender must perform an act or do an act.

Thus, the offense does not contemplate omission or non-performance of an act.

2) Element 2: Incrimination or Imputation

The offender should directly incriminate or impute to an innocent person the commission of a crime. Meaning, the offender should not mince words and say it out directly as opposed to suggestions (e.g., blind item) or implying the same.

3) Element 3:...

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