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ELEMENTS

Art. 333 - Adultery


The woman is married
Has sexual intercourse with a man, not her husband
She must knew that her concubine is married

Art. 365 Imprudence and Negligence


The offender does or fails to do an act
The act or failure to do an act is voluntary
That it be without malice
That material damage results
That there is inexcusable lack of precaution on the part of the offender taking into consideration:

a) His unemployment or occupation


b) Degree of intelligence, physical conditions
c) Other circumstances regarding persons, time and place

Art. 263 - Serious Physical Injuries


By wounding
By beating
By assaulting
By administering injurious substance

Art. 359 - Slander by Deed.


Offender performs any act not included in any other crime against honor
Performed in the presence of other persons
Such act casts dishonor, discredit or contempt upon the offended party

Ant. 353- Grave Oral Defamation


There must be an imputation of a crime, vice, or defect (real or imaginary, or any act, omission, condition,
status, or circumstance)
Imputation must be made publicly
Imputation must be made malicious
Imputation must be made directed or natural or juridical person, or one who is dead
Imputation must tend to cause dishonor, discredit, or contempt of a person defamed

SALE
Under Republic Act 9165

In a prosecution for illegal sale of dangerous drugs, the following elements must be duly established:

(1) proof that the transaction or sale took place;

(2) the presentation in court of the corpus delicti or the illicit drug as evidence;

(3) Laboratory examination confirmed that the white crystalline substance confiscated from the accused is
positive for methamphetamine hydrochloride.

POSSESSION
Under Republic Act 9165

On the other hand, a case of illegal possession of dangerous drugs will prosper if the following elements are
present:

(1) The accused is in possession of an item or object which is identified to be a prohibited drug;

(2) Such possession is not authorized by law;

(3) The accused freely and consciously possessed the drug;

(4) Laboratory examination confirmed that the white crystalline substance confiscated from the accused is
positive for methamphetamine hydrochloride.

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