What are the felonies under incriminatory machination?
1. Incriminating innocent person
2. Intriguing against honor
Art. 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.
ELEMENTS
1. That the offender performs an act
2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime
3. That such act does not constitute perjury
How committed
Planting of evidence or incriminating innocent person is committed by performing an act by which the offender directly incriminates or imputes to an innocent person the commission of a crime.
Planting evidence
This article is limited to “planting” evidence and the like which do not in themselves constitute false prosecution but tend directly to cause false prosecution.
• “A” taking advantage of the fact that “B” was in the toilet while his (B’s) coat was hanging on the back of the chair, placed a small bottled of opium in the pocket of the coat. Then “A” called a policeman and told the latter that “B” had a bottle of opium in his pocket. NOTE: “A” performed an act by putting in “B’s” pocket a bottle of opium, This is called “planting evidence.”
• A person took the wallet from the pants of a person and put it into the pocket of another. - Incriminating innocent person by planting evidence because the imputation is that the latter committed theft.
False accusation is defamatory or perjury under the RPC
• Under the RPC, one who false accuses another of a crime may be held liable whether for libel or perjury, depending upon the manner or form in which the act is committed.
Complex crime of incriminating innocent person through unlawful arrest
• There is a complex crime of incriminating an innocent person through unlawful
arrest, by which the two offenses form a complex crime, which is only one crime.
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Incriminating an Innocent Person
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Perjury by False Accusation
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Committed by performing an act by which the
offender directly
incriminates or imputes to an innocent person the commission of a
crime.
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The gravamen of the offense is the imputation
itself, falsely
made, before an officer.
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Limited to the act of planting
evidence and the
like, in order
to incriminate
an innocent person.
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The giving of false statement under oath or the
making
of
a
false
affidavit,
imputing to a person the commission of a crime.
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Incriminatory Machination
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Defamation
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The offender does not avail
himself of written
or spoken words in besmirching the victim’s reputation, as
would be in the
case
of defamation.
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The imputation made by the offender must be
public and malicious, and, besides, must be
calculated to cause the dishonor, discredit or contempt of the aggrieved party.
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Source:
Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.
Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed.
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