Slander By Deed
ART.359
ELEMENTS:
1. That the offender performs any act not included in any other
crime against honor;
2. That such act is performed in the presence of other person
or persons; and
3. That such act casts dishonor, discredit or contempt upon the
offended party.
Seriousness of slander by deed depends on the social standing
of offended party, the circumstances surrounding the act, the
occasion
Distinctions:
1. Unjust vexation - irritation or annoyance; anything that
annoys or irritates without justification.
2. Slander by deed - irritation or annoyance + attendant
publicity and dishonor or contempt.
3. Acts of lasciviousness - irritation or annoyance + any of
the 3 circumstance provided in Art. 335 on rape (i.e. use of
force or intimidation; deprivation of reason or rendering
the offended unconscious; or if offended party was under
12 years old, together with lewd designs)
ALSO of two kinds:
Simple
Grave: of a serious nature
ACTUS REUS resulting in ANNOYANCE = UNJUST VEXATION
ACTUS REUS resulting in DAMAGE TO PROPERTY = MALICIOUS MISCHIEF
ACTUS REUS + PUBLICITY resulting in DISHONOR = SLANDER BY DEED
ACTUS REUS + CIRCUMSTANCES IN RAPE (NO CARNAL KNOWLEDGE) + LEWD
DESIGNS = ACTS OF LASCIVIOUSNESS
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Bigwas
I'm Bigwas. I have a degree in Criminology and Law.English is not my major. I'm a web developer by day and a blogger by night. I hope you learn something from my blog.
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