Common Denominator Elements of DEFAMATION (LIBEL) : Any Act, Omission, Status or Circumstance

CRIMES AGAINST HONOR
Chapter One | LIBEL
Elements of DEFAMATION (LIBEL) Common Denominator

IMPUTATION OF DEFECT
a That there must be an imputation of a crime,
or of a vice or defect, real or imaginary, or Art. 142 Inciting to sedition
any act, omission, status or circumstance Third mode : Seditious Libel
a That the imputation must be made publicly If directed to the government
a That it must be malicious
a That the imputation ust be directed to a na-

tural or juridical person or one who is dead
a That the imputation must tend to cause the

dishonor, discredit or contempt of the per-
son defamed
Art. 355 Libel by means of writings or similar means
a Committed by means of writing, printing, li-

thography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematrogra-
phic exhibition and other similar means
Note If made in the television program = Libel
Art. 358 Slander (Oral Defamation)
SIMPLE SLANDER
a Committed by oral means
Note If made through amplifier = Oral defamation
GRAVE SLANDER (Qualified)

a If of serious and insulting nature
Art. 359 Slander by deed Common Denominator

Catch all provision ILL-TREATMENT
a Committed by performing an act Art. 266 (3) Maltreatment

Ill-treatment without casuing
SIMPLE SLANDER BY DEED injury
a That the offender performs any act not inclu-
ded in an other crimes against honor Slander by deed
a That such act is performed in the presence of If the offended party suffered
other person or persons from shame or humiliation
a That such act casts dishonor, discredit or
contempt upon the offended party Common Denominator
IRRITATION
GRAVE SLANDER BY DEED
a If of serious and insulting nature Art. 287 Unjust Vexation
Anything that annoys or irrita-
tes another without justification
Art. 356 Threatening to publish and offer to prevent Slander by deed

such publication for a compensation If in addition, there was atten-
dant publicity and dishonor or
Modes of committing contempt
l By threatening another to publish a libel con-
cerning him, or his parents, spouse, child, or Art. 336 Acts of Lasciviousness
other members of his family If in addition, if there was pre-
sent circumstances provided
l By offering to prevent the publication of such for in Art 355, together with
libel for compensation, or money consideration lewd designs
Art. 357 Prohibited publication of acts referred to in

the course of official proceedings
Elements
a That the offender is a reporter, editor or ma-
nager of a newspaper daily or magazine
a That he publishes facts concerned with the
private life of another
a Tat such facts are offensive to the honor, vir-
tue and reputation of said person
Chapter Two | INCRIMINATORY MACHINATIONS
Art. 363 Incriminating innocent person Common Denominator

FALSE ACCUSATION
Elements
a That the offender performs an act Art. 183 Perjury
a That by such act he directly incriminates or The act of giving false state-
imputes to an innocent person the commis- ment under oath
sion of a crime
a That such act does not constitute perjury Incriminatory Machinations
The act of planting evidence
Art. 364 Intriguing against honor
a Committed by any person who shall make

any intrigue which has for its principal pur-
pose to blemish the honor or reputation of
another person
a Committed by means which "consists of some
tricky and secret plot"
CRIMES AGAINST CIVIL STATUS OF A PERSON
Chapter One | SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS
Art. 347 Simulation of births, substitution of one child

for another and concealment or abandonment
of a legitimate child
Modes of committing
FALSIFIED CIVIL STATUS
l Simulation of births
An unpregnant woman takes another's child
as her own.
l Substitution of one child for another

A person exchanges a child to another with-
out the knowledge of their respective parents
LOST CIVIL STATUS
l Concealing or abandoning any legitimate child Common Denominator

with intent to cause such child to lose its civil ABANDONMENT of a CHILD
status Crime against security (Art. 276)
a The child must be legitimate Purpose : To avoid obligation
a The offender conceals or abandons such child of rearing and caring for the
a The offender has the intent to cause such child child
to lose its civil status Crime against security (Art. 347)
Purpose : To cause the child to
Note A physician, who cooperates is also liable if he lose its civil status
acts in violation of the duties of his profession
or office
Art. 348 Usurpation of civil status Common Denominator

Assuming another's identity
Elements Art. 178 Assuming fictitious
a Committed when a person represents himself name
to be another and assume the filiation or the Purpose : Only to conceal his
parental or conjugal rights of such another identity
person Usurpation of civil status
Purpose : To enjoy the rights
arising from the civil status
Art. 315 Estafa
Purpose : To defraud
Chapter Two | ILLEGAL MARRIAGES
Art. 349 Bigamy
Elements
a That the offender has been legally married
a That the marriage has not been legally dissolved
or, in case his or her spouse is absent, the
absent spouse could not be presumed dead
according to Civil Code
a That he contracts a second or subsequent mar-
riage
a That the second or subseuent marriag has all
the essential requsites for validity
Note Judicial declaration is necessary before

subsequent marriage
Art. 350 Marriage contracted against provisions of law
Elements
a The offender contracted marriage
a That he knew at that time that --
a. the requirements of the law were not com-
plied with; or
b. the marriage was in disregard of a legal
impediment
Qualified Offense
a If consent of another was obtained by means
of violance, intimidation or fraud
Art. 351 Premature marriages
Modes of committing
a A widow who married within 301 days from
the date of the death of her husband, or having
delivered if she is pregnant at the time of his
death
a A woman who, her marriage having been an-
nulled or dissolved, married before her delivery
or before the expiration of the period of 301 days
after the date of the legal separation
Note Purpose of the law : To prevent doubtful

paternity
Art. 352 Performance of illegal marriage ceremony Common Denominator

PERFORMANCE OF ILLEGAL
Priest or ministers of any religious denomina- MARRIAGE
tion or sect or civil authorities who shall per- Performance of illegal marriage
form or authorize any illegal marriage ceremony
If vested with authority to so-
lemnize marriages
Art. 177 Usurparition of
Authority
If acted without authority
CRIMES AGAINST CHASTITY
Chapter One | ADULTERY AND CONCUBINAGE
Art. 333 Adultery
Elements
a That the woman is married
a That she has sexual intercourse with a man not
her husband
a That as regards the man with whom she has
sexual intercourse, he must know her to be
married
Note Even if the marriage be subsequently declared

void
Art. 334 Concubinage
Elements
a That the man must be married
a That he committed any of the following acts:
Modes of Commission
a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse under scandalous
circustances with a woman who is not his wife
c. Cohabiting with her in any other place
a That as regards the woman, she must know
him to be married
Chapter Two | RAPE AND ACTS OF LASCIVIOUSNESS
Art. 336 Acts of Lasciviousness
Elements
a That the offender commits any act of lasci- If there is no lewd design
viousness of lewdness = coercion (grave or light)
a That the act of lasciviousness is committed
against a person of either sex Common Denominator
a That it is done under any of the following cir- Absence of carnal knowledge
cumstances; Acts of Lasciviousness
a. By using force or intimidation; or The acts are committed under
b. When the offended party is deprived of circumstances the same as
reason or otherwise unconcious rape
c. By means of fraudulent machination or Art. 339 AL with consent
grave abuse of authority The acts are committed under
d. When the offended party is under 12 years circumstances the same as
of age or is demented seduction
Common Denominator Common Denominator

Done against chastity Lascivious acts
Art. 336 Crimes against chastity Acts of Lasciviousness
Offender - private individual, actual acts done That acts are final objectives
Art. 246 Abuses against chastity Attempted rape
Offender - public officer, mere earnest proposal The act are just preparatory
Chapter Three | SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE
SEDUCTION Common Denominator

Enciting a woman to unlawful sexual inter- Presence of carnal knowledge
course by promise of marriage or other means Rape
of persuation without use of force If any of the circumstances in
the crime of rape is present, the
Art. 337 Qualified Seduction crime is not to be punished un-
der seduction
Modes of committing
l Seduction of a virgin over 12 years and under If under 12 years old, statutory
18 years of age by certain persons, such as, a rape.
person in authority, priest, teacher, etc
Elements
a That the offended party is a virgin, which is
presumed if she is unmarried and of good
reputation
a That she must be over 12 and under 18 y/o
a That the offender has sexual intercourse with
her
a That there is abuse of autority, confidence or
relationship on the part of the offender
l Seduction of a sister by her brother, or des-

cendant by her ascendant, regardless of her
age or reputation
Art. 338 Simple Seduction
Elements
a That the offended party is over 12 and under
18 years of age
a That she must be of good reputation, single or
widow
a That the offender has sexual intercourse with
her
a That it is committed by means of deceit
Art. 339 Acts of lasciviousness with the consent of the The requisites prescribed by
offended party either qualified or simple
seduction are present, except
Elements carnal knowledge.
a That the offender commits acts of lasciviosness
or lewdness
a That the acts are committed upon a woman
who is virgin or single or widow of good re-
putation, under 18 years of age but over 12 years,
or a sister or descendant regardless of her reputa-
tion or age
a That the offender accomplishes the acts by
abuse of authority, confidence, relationship,
or deceit
Art. 340 Corruption of minors
Any person who shall promote or facilitate the

prostitution or corruption of persons under
age to satisfy the lust of another
Qualified Offense
a If committed by a public officer or employee
Art. 341 White slave trade
Modes of committing
l Engaging in the business of prostitution
l Profiting by prostitution
l Enlisting the services of women for the pur-
pose of prostitution
Chapter Four | ABDUCTION
Art. 342 Forcible abduction

Art. 343 Consented abduction

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Common Denominator Elements of DEFAMATION (LIBEL) : Any Act, Omission, Status or Circumstance

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CRIMES AGAINST HONOR

Chapter One | LIBEL

Elements of DEFAMATION (LIBEL) Common Denominator

a That the imputation must be made publicly If directed to the government

a That it must be malicious

a That the imputation ust be directed to a na-

a That the imputation must tend to cause the

Art. 355 Libel by means of writings or similar means

a Committed by means of writing, printing, li-

Note If made in the television program = Libel

Art. 358 Slander (Oral Defamation)

Note If made through amplifier = Oral defamation

GRAVE SLANDER (Qualified)

Art. 359 Slander by deed Common Denominator

a Committed by performing an act Art. 266 (3) Maltreatment

Art. 356 Threatening to publish and offer to prevent Slander by deed

Art. 357 Prohibited publication of acts referred to in

Chapter Two | INCRIMINATORY MACHINATIONS

Art. 363 Incriminating innocent person Common Denominator

Art. 364 Intriguing against honor

a Committed by any person who shall make

Chapter One | SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Art. 347 Simulation of births, substitution of one child

FALSIFIED CIVIL STATUS

l Substitution of one child for another

LOST CIVIL STATUS

l Concealing or abandoning any legitimate child Common Denominator

Art. 348 Usurpation of civil status Common Denominator

Chapter Two | ILLEGAL MARRIAGES

Art. 349 Bigamy

Note Judicial declaration is necessary before

Art. 350 Marriage contracted against provisions of law

Art. 351 Premature marriages

Note Purpose of the law : To prevent doubtful

Art. 352 Performance of illegal marriage ceremony Common Denominator

Chapter One | ADULTERY AND CONCUBINAGE

Art. 333 Adultery

Note Even if the marriage be subsequently declared

Art. 334 Concubinage

Chapter Two | RAPE AND ACTS OF LASCIVIOUSNESS

Art. 336 Acts of Lasciviousness

Common Denominator Common Denominator

Chapter Three | SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE

SEDUCTION Common Denominator

l Seduction of a sister by her brother, or des-

Art. 338 Simple Seduction

Art. 340 Corruption of minors

Any person who shall promote or facilitate the

Art. 341 White slave trade

Chapter Four | ABDUCTION

Art. 342 Forcible abduction

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