Unelemental element

Failed to post yesterday because, I must confess, I have been watching videos as recommended here. But I may have something today.

Funny how a re-reading of a topic can bring up "newly discovered evidence". For instance, I was going through the topic on light threats cross-referencing between Reyes, Regalado, and the 2014 Memory Aid in Criminal Law by San Beda when this got my attention:

That's from the memory aid. It is part of a list of elements for a crime. But it is kind of illogical because the two concepts cancel each other out.

So I checked with Reyes. And found out that the memory aid sourced it from page 621 of The Revised Penal Code, Book Two, 2008 Ed.:

Reyes, among authors, is most fond of breaking down a crime into a list of elements. Other authors shy away from the practice lest, I surmise, they may sound like aping Reyes.

In this instance I dare say that there are only three elements. The rest is surplusage.