i) Raise Imputation of Malversation

is that a conspiracy exists from the moment any measures whatsoever for acting have been devised or agreed upon between two or more persons.

(i) Raise Imputation of Malversation

Whosoever by speeches delivered in public places or at public meetings shall falsely impute misconduct in administering the Government of His Majesty to any person employed or concerned in administering the same shall be punished with imprisonment from one to three months or with a fine (multa). (Section 75).

The elements of this crime are:

i. Raise imputation of misconduct

ii. Made by speeches delivered in public places

or at public meetings

iii. Against a public officer or servant

iv. In the discharge of his public duties in connection with the public administration.

This crime is comprised in the class of offences against public tranquillity on account of the need of providing that the government shall not be unlawfully brought into disesteem, so that its moral influence and its hold upon the people which have so great an influence upon the maintenance of public order be weakened. While, as we have said, any citizen may criticize or censure the conduct of the servants of the Government freely and liberally, the criticism or censure must be without malignity, must not falsely impute corrupt or malicious motives and must avoid defamation calculated to cause a breach of the peace.

This offence arises where the imputation of misconduct if made by speeches delivered in public places or at public meetings. If it is made by means of printed matter then the provisions of the Press Law apply, and the imputation must be falsely made, that is with the knowledge that it is false. Finally, it is necessary for this offence that the imputation of misconduct should refer to the discharge of the duties or exercise of the rights of the public officer or servant in connection with the part he performs in administering the government, that is not in his private or domestic conduct.