Criminal Law Book 2 – Title Nine

TITLE NINE

I.      CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

 A.   ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267)

    1. Offender is a private individual
    2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty
    3. The act of detention or kidnapping must be illegal
    4. That in the commission of the offense, any of the following circumstances are present (becomes serious)
      1. that the he kidnapping/detention lasts for more than 3 days
      2. that it is committed simulating public authority
      3. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or
      4. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer

Note: When death penalty is imposed:

  1. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person even if none of the aforementioned are present in the commission of the offense (even if none of the circumstances are present)
  2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts

B.   ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268)

    1. Offender is a private person
    2. He kidnaps or detains another or in any other maner deprives him pof his liberty / furnished place for the perpetuation of the crime
    3. That the act of detention or kidnapping must be illegal
    4. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267

Note: Privileged mitigating circumstances:

If the offender:

  1. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention
  2. without having attained the purpose intended and
  3. before the institution of criminal proceedings against him

C.   ELEMENTS OF UNLAWFUL ARREST: (269)

  1. That the offender arrests or detains another person
  2. That the purpose of the offender is to deliver him to the proper authorities
    1. That the arrest or detention is not authorized by law or there is no reasonable ground therefor

Notes:

  1. Offender is any person, so either a public officer or private individual
  2. Refers to warrantless arrests
  3. In art 125, the detention is for some legal ground while here, the detention is not authorized by law
  4. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here, the arrest is not authorized by law

D.   ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270)

    1. That the offender is entrusted with the custody of a minor person (whether over or under 7 but less than 18 yrs old)
    2. That he deliberately fails to restore the said minor to his parents

E.    ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271)

    1. That the minor (whether over or under 7) is living in the home of his parents or guardians or the person entrusted with his custody
    2. That the offender induces a minor to abandon such home

Notes:

  1. Inducement must be actual, committed with criminal intent and determined by a will to cause damage
  2. Minor should not leave his home of his own free will
  3. Mitigating if by father or mother

F. ELEMENTS OF SLAVERY: (272)

  1. That the offender purchases. Sells, kidnaps or detains a human being.
  2. That the purpose of the offender is to enslave such human being.

Note: Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher

G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)

  1. That the offender retains a minor in his service.
  2. That it is against the will of the minor.
  3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor.

H.   ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274)

  1. That the offender compels a debtor to work for him, either as household servant or farm laborer.
  2. That it is against the debtor’s will.
  3. That the purpose is to require or enforce the payment of a debt.

II. CRIMES AGAINST SECURITY

A.   ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM: (275)

Acts punishable:

  1. By failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense

Elements:

  1. That place is not inhabited.
  2. The accused found there a person wounded or in danger of dying.
  3. The accused can render assistance without detriment to himself.
    1. The accused fails to render assistance.

 

  1. By failing to help or render assistance to another whom the offender has accidentally wounded or injured
  2. By failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place.

B. ELEMENTS OF ABANDONING A MINOR: (276)

  1. That the offender has the custody of a child.
  2. That the child is under seven years of age.
  3. That he abandons such child.
  4. That he has no intent to kill the child when the latter is abandoned.

Notes:

  1. Conscious, deliberate, permanent, unless punishable by a more serious offense
  2. Qualifying circumstances:
    1. when the death of the minor resulted from such abandonment
    2. if the life of the minor was in danger because of the abandonment

C.   ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS: (277)

Acts punished:

  1. By delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities

Elements:

  1. That the offender has charged of the rearing or education of a minor.
  2. That he delivers said minor to a public institution or other persons.
  3. That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent; the proper authorities have not consented to it.
  4. By neglecting his (offender’s) children by not giving them education which their station in life requires and financial condition permits

Elements:

  1. That the offender is a parent.
  2. That he neglects his children by not giving them education.
  3. That his station in life requires such education and his financial condition permits it.

D.   ELEMENTS OF EXPLOITATION OF MINORS: (278)

Acts punished:

  1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person
  2. By employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or engaged in a similar calling
  3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings
  4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child
  5. By inducing any child under 16 to abandon the home of its ascendants; guardians, curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar, the offender being any person

Note: Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is higher.

E.   ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)

 

F. ELEMENTS OF TRESPASS TO DWELLING: (280)

  1. That the offender is a private person.
  2. That he enters the dwelling of another.
  3. That such entrance is against the latter’s will.

Notes:

  1. Qualifying circumstance: if the offense is committed by means of violence or intimidation, the penalty is higher
  2. There must be an opposition to the entry of the accused
  3. Implied prohibition is present considering the situation – late at night and everyone’s asleep or entrance was made through the window
  4. Prohibition is not necessary when violence or intimidation is employed by the offender
  5. When there is no overt act of the crime intended to be committed, this is the crime
  6. May be committed even by the owner (as against the actual occupant)
  7. Not applicable to:
  1. entrance is for the purpose of preventing harm to himself, the occupants or a third person
  2. purpose is to render some service to humanity or justice
  3. place is a café, tavern etc while open

8. Medina case: when the accused entered the dwelling through the window, he had no intent to kill any person inside, but the intention to kill came to his mind when he was being arrested by the occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide

G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)

  1. That the offender enters the closed premises or the fenced estate of another.
  2. That the entrance is made while either of them is uninhabited.
  3. That the prohibition to enter be manifest.
  4. That the trespasser has not secured the permission of the owner or the caretaker thereof.

H.   GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282)

Acts punishable:

  1. By threatening another with the infliction upon his person, honor or property that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender (Note: threat is with condition)

Elements:

  1. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong.
  2. That such wrong amounts to a crime.
  3. That there is a demand for money or that any other condition is imposed, even though not unlawful.
  4. That the offender attains his purpose.
  5. By making such threat without the offender attaining his purpose
  6. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition (Note: threat is without condition)

Elements:

  1. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong.
  2. That such wrong amounts to a crime.
  3. That the threat is not subject to a condition

Notes:

  1. Aggravating circumstances: if made in writing or thru a middleman
  2. Frustrated – if not received by the person being threatened
  3. Art 284 bond from good behavior may be imposed (only in these offenses)

I.   ELEMENTS OF LIGHT THREATS: (283)

  1. That the offender makes a threat to commit a wrong.
  2. That the wrong does not constitute a crime.
  3. That there is a demand for money or that other condition is imposed, even though not unlawful
  4. That the offender has attained his purpose or, that he has not attained his purpose

Art 284 bond from good behavior may be imposed Notes:

  1.  (only in these offenses)
  2. The wrong does not amount to a crime

J.  BOND FOR GOOD BEHAVIOR: (284)

K.  ELEMENTS OF OTHER LIGHT THREATS: (285)

  1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in self-defense.
  2. In the heat of anger, person orally threatens another with some harm constituting a crime, without persisting in the idea involved in the threat. Subsequent acts did not persist.
  3. Person orally threatens another with harm not constituting a felony.

L.  ELEMENTS OF GRAVE COERCIONS: (286)

  1. That a person prevented another from doing something OR not to do something against his will, be it right or wrong;
  2. That the prevention or compulsion be effected by violence, of force as would produce intimidation and control the will.
  3. That the person that restrained the will and liberty by another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

M.  ELEMENTS OF LIGHT COERCIONS: (287)

  1. That the offender must be a creditor.
  2. That he seizes anything belonging to his debtor.
  3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation;
  4. That the purpose of the offender is to apply the same to the payment of the debt.

N.  ELEMENTS OF OTHER SIMILAR COERCIONS: (288)

ELEMENTS OF NO. 1

  1. That the offender is any person, agent or officer of any association or corporation.
  2. That he or such firm or corporation has employed laborers or employees.
  3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from his or from said firm or corporation.

ELEMENTS OF NO. 2

  1. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects.
  2. That those tokens or objects are other than the legal tender currency to the Philippines.
  3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects.

O. ELEMENTS OF FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS: (289)

  1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work
  2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees.

 

III. DISCOVERY AND REVELATION OF SECRETS

A. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290)

  1. That the offender is a private individual or even a public officer not in the exercise of his official function,
  2. That he seizes the papers or letters of another.
  3. That the purpose is to discover the secrets of such another person.
  4. That offender is informed of the contents or the papers or letters seized.

Notes:

  1. Not applicable to parents with respect to minor children
  2. Contents need not be secret but purpose prevails
  3. Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of another to a 3rd person, the penalty is higher

B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291)

  1. That the offender is a manager, employee or servant.
  2. That he learns the secrets of his principal or master in such capacity.
  3. That he reveals such secrets.

C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292)

  1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment.
  2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned.
  3. That the offender reveals such secrets.
  4. That the prejudice is caused to the owner.

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on January 25, 2012, in Criminal Law and tagged . Bookmark the permalink. 4 Comments.

  1. jekjekfuenteren@yahoo.com

    thanks to you

  2. Hi, maybe you can give some advice regarding the case of my brother. 30 years ago,he was just 19 year old, he was force to marry a girl that not even his gf by the demand of the lady’s brother a policeman. He threatened my brother to kill him and my mother if he will refuse to marry his sister which resulted to unplanned wedding just to protect the life of my mother. Now, my brother leave this woman and she sued him for abandonment and bigamy and many other cases just to revenge for his action. I have the plan to file a counter case against this woman and his brother in behalf of my mother (she passed away). What is the appropriate case would I file against them?

    Jun

  3. hi, i would like some advice regarding trespassing n violence under the influence of liquor, a lot of neighbor of us didnt file to the people involve and that the problem cause they take it like normal scenario. i would like to asked your suggestion on how to make the aggressor put in from the action they made under the less charge just to make them realized mistakes, for the sake other will stop the malpractice in our place. thank you

  1. Pingback: Provisions of the Revised Penal Code and Special Penal Laws that can Possibly be Aggravated by the Use of Computer – Site Title

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