Chapters 13, 14, 2, 3 Flashcards
What are the elements of defamation?
Defamation includes slander and libel. What are the difference between the two?
Under Article 353, in defamation, the offender imputes a crime, vice, defect, act, omission, status, or circumstance directed to a natural or juridical person. The imputation is made maliciously and in public to cause dishonor, discredit, and contempt to the person.
Libel is a defamation committed by means of writing, printing, or any other media, while slander is a defamation committed orally.
What is slander? What are its two types?
What is slander by deed? What are its two types?
Under Article 358, slander is a defamation committed orally to caused prejudice to another person. The two types are grave slander and simple slander, the former being of serious and insulting nature.
Under Article 359, slander by deed is a defamation committed by performing an act which casts dishonor, discredit or contempt to another person. The two types are grave slander by deed and simple slander by deed.
What are the four quasi-offenses punished under Article 365?
(1) Committing any acts through reckless imprudence, had it been intentional, would constitute a grave or less grave felony or light felony
(2) Committing an act through simple imprudence or negligence which would otherwise constitute a grave or less serious felony.
(3) Causing damage to the property of another through reckless imprudence or simple imprudence or negligence
(4) Causing some wrong to through simple imprudence or negligence, which if done maliciously, would have constituted a light felony.
What are the elements of arbitrary detention?
Under Article 124, the elements of arbitrary detention is that a public officer or employee with authority to detain, detains a person without legal grounds.
What are the elements of violation of domicile?
Under Article 128, violation of domicile is committed when a public officer or employee not authorized by a judicial order, enters a dwelling against the will of the owner, or searches papers or other effects found therein without the consent of the owner, or refuses to leave after secretly entering the dwelling and was required to leave the premises.
What are the elements of rebellion or insurrection?
Under Article 134, there is rebellion or insurrection when there is a public uprising and taking arms against the government with a purpose of either removing the territory, land, naval, or armed forces from the allegiance of the Government, or deprive the Chief Executive or Congress of any of its powers, wholly or partially.
What is the difference between rebellion and insurrection?
The objective of rebellion is to completely overthrow and supersede the existing government, while in insurrection, it merely seeks to effect some change of minor importance, or prevent the exercise of governmental authority with regards to particular matters or subjects.
What are the elements of coup d’etat?
Under Article 134A, there is coup d’etat if the military, police or persons holding any public office or employment, commits a swift attack accompanied by violence, intimidation, or threat, directed against constituted authorities of the Government, communication networks, public utilities, or other facilities needed for the exercise and continued possession of power, to seize or diminish State power.
When is there conspiracy or proposal to commit rebellion, insurrection, or coup d’etat?
When is there inciting to rebellion or insurrection?
Under Article 136, there is conspiracy to commit rebellion, insurrection, or coup d’etat when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of the felonies and decided to commit it.
There is proposal to commit rebellion, insurrection, or coup d’etat when a person who decided to rise publicly and take arms against the government for any of the purposes of the felonies proposes its execution to some other persons.
Under Article 138, there is inciting to commit rebellion or insurrection when the offender who is not taking arms against the Government incites others to the execution of rebellion, insurrection, or coup d’etat through speeches, proclamations, writing, etc.
What are the elements of sedition?
Under Article 139, there is sedition when a person rises publicly and tumultuously by employing force, intimidation, or other means outside legal methods to attain the objectives mentioned in this article.
(1) Prevent the promulgation or execution of any law or the holding of any popular election
(2) Prevent the government from exercising its functions, or execution of an administrative order
(3) Inflict any act of hate or revenge against the person or property of a public employee
(4) Inflict any act of hate or revenge for any political or social end against private persons
What are the two ways of committing the crime of direct assault?
Under Article 148, the two ways of committing the crime of direct assault are the following:
(1) The offender employs force or intimidation to attain the purposes of rebellion or sedition. without public uprising.
(2) An offender, without public uprising, attacks, employs force, makes a serious intimidation, or makes a serious resistance against a person in authority or his agent, while the latter is in the performance of his duties, or by reason of the latter’s past performance of official duties. The offender knowns that the one he is assaulting is a person in authority or his agent.
When is there indirect assault?
Under Article 149, the offender makes use of force or intimidation towards a person who comes to the aid of a person in authority or his agent who is a victim of any forms of direct assault.
What are the elements of resistance and serious disobedience?
Article 151 states that there is resistance and serious disobedience when a person not included in Articles 148, 149, and 150 resisted or seriously disobeyed a person in authority or his agents while the latter is in the performance of his official duties.
There is simple disobedience when an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender and the offender disobeys such order, but the disobedience must not be of serious nature.
What are the elements of falsification by a public officer, employee, or notary or ecclesiastical minister?
Under Article 171, the elements of falsification by a public officer, employee, notary public, or ecclesiastical minister is that the aforementioned persons, taking advantage of their positions, falsifies a document by committing any of the acts mentioned in this Article. These are:
(1) Counterfeiting or imitating any handwriting, signature or rubric
(2) Causing it to appear that persons have participated in any act or proceeding when they did not in fact participate
(3) Attributing to persons who have participated in an act or proceeding statement other than those in fact made by them
(4) Making untruthful statements in a narration of facts
What are the three punished acts in falsification by private individuals and use of falsified documents?
Under Article 172, the three punished acts are the following:
(1) An offender, who is a public officer or employee, not taking advantage of his position, committed any of the acts of falsification in Article 171 in a public, official, or commercial document.
(2) A person committed any of the acts of falsification in Article 171 in a private document to the prejudice of a third person or with intent to cause damage.
(3) The offender, knowing that the document was falsified by another person, introduce such document in a judicial proceeding or any other transaction.
