Dear PAO,

My cousin was arrested by police officers while he was eating alone in a carinderia. They alleged that they received a report that a cellphone belonging to another was taken by him. Upon checking his backpack, they allegedly found the cellphone inside. My cousin claims that he never stole the cellphone, but rather it was the police officers who placed the cellphone in his backpack. Does the act of the police officers constitute a crime?

Boying

Dear Boying,

Please be informed of Article 363 of the Revised Penal Code (RPC) which penalizes “any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime.”

The crime defined in Article 363 of the RPC is also called “Incriminating Innocent Person.” From the title itself, it comprises acts done by the offender which would directly incriminate another person to the commission of a crime to which the latter was really unaware of.

In the case of Campanano, Jr. v. Datuin, GR 172142, Oct. 17, 2007, penned by Associate Justice Conchita Carpio-Morales, the Supreme Court took time to mention that the crime known as Incriminating Innocent Person has the following elements: (1) the offender performs an act; (2) by such act he directly incriminates or imputes to an innocent person the commission of a crime; and (3) such act does not constitute perjury.

It must be noted that if the imputation of a crime was made in an affidavit, it will be a crime of perjury. Hence, Article 363 of the said Code would not be applicable. Moreover, if what was planted as evidence of a crime is an illegal drug, the act will be punished under Section 39 of RA 9165 and the penalty will be death.

In your cousin’s case, the cellphone was placed in his backpack by the police officers, hence there is an overt act done by the offenders. The purpose in placing the cellphone in his backpack is to impute against him the crime of theft, a crime which he did not do. Theft is a crime which your cousin was innocent of since he was really not the one who stole it. Therefore, the crime of Incriminating Innocent Person under Article 363 of the RPC was committed by the police officers.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.