Arguelles, Manuel Jr.

Elements and Ingredients

The elements of a crime is very important in criminal law, in order to
prosecute a person to a certain crime it must first prove that the defendant
committed each element of the particular crime charged. Absence of one
elements of a crime could be no crime has been committed or there could be
different crime has been committed.
In a crime of robbery and theft. In order to charge a person for a crime
of robbery, Article 239 of the Revised Penal Code, defines robbery as a crime
committed by "any person who, with intent to gain, shall take any personal
property belonging to another, by means of violence against or intimidation
of any person, or using force upon anything, all of this elements must be
proven. Theft is defined in paragraph 1 of Article 308 of the Revised Penal
Code to be a felony committed by any person who, with intent to gain but
without violence against or intimidation of persons or force upon things, shall
take personal property of another without the latter's consent. Theft and
robbery are both crimes against property; however, theft is committed
without violence, force, intimidation upon things or person while in robbery
there must be force, violence, and intimidation of a persons or things.
Absence of violence, force, intimidation upon things or person will result to
different crime.
Likewise murder, homicide, parricide, and infanticide are all crime of
killing but they are different to each other. A crime would be homicide if
there are no qualifying circumstances, under article 248 of the Revised Penal
Code it is murder if the killing is with treachery, taking advantage of superior
strength, with the aid or armed men, or employing means to weaken the
defense or of means or persons to insure or afford impunity; in consideration
of price, reward or promise: by means of inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or assault upon a street car or
locomotive, fall of airship; by means of motor vehicles or with the use of any
other means involving great waste or ruin on occasion of any of the
calamities enumerated in the preceding paragraph; or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic or any other public
calamity, with evident premeditation, with cruelty, by deliberately and
inhumanely augmenting the suffering of the victim or outraging or scoffing at
his person or corpse; and the killing is not infanticide.
In cooking, without its main ingredients would result to different dishes.
It is the same in criminal law, absence of the main elements of crime would
be resulted to different crime. In cooking, ingredients are important. It is
somehow important like elements of crime in criminal law. For example; in
cooking an adobo, it will not become an adobo without its main ingredient,
the soy sauce. A hamburger, it will not be a hamburger if theres no ham on
it. A paksiw will not be a pakwis without its main ingredients vinegar and
garlic.

Arguelles, Manuel Jr. E

Being an frustrated cook, at the same time a law student, it is

important for me to know and to determine ingredients in whatever dishes I
want to cook and elements of crime for me to have an exact crime. It is
because in both criminal law and cooking, only one of its element or
ingredients is absent it will lead to different crime or different dish. This two
things is somehow similar to each other in the aspect of ingredients and
elements, elements is important in criminal law and also ingredients is
important in cooking.