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: Not perjury The act of incrimination or imputation must n...