Crimes Against Personal Liberty and Security Flashcards
What are the elements of kidnapping and serious illegal detention? What are its circumstances? What is its qualifying circumstance? What special complex crimes can be committed with it?
If the offender is a public officer with an authority to detain, what crime is committed?
Under Article 267, there is kidnapping and serious illegal detention when a private individual, illegally detains or deprives the liberty of another person.
Its circumstances are the following:
(1) The kidnapping lasted more than three days (but this is not necessary if other circumstances are present)
(2) The kidnapping is done by simulating a public officer
(3) Serious physical injuries are inflicted, or death threats were committed against the victim
(4) The victim is a minor, a female, or a public officer
The qualifying circumstance under kidnapping and serious illegal detention is when the purpose of the kidnapping is to extort ransom.
The special complex crime that can be committed with kidnapping and serious illegal detention are: kidnapping with murder or homicide, and kidnapping with rape.
If the offender is a public officer with an authority to detain, the crime would be arbitrary detention. Otherwise, if the public officer do not have an authority to detain, he will be liable under this article.
What are the elements of slight illegal detention?
Under Article 268, there is slight illegal detention when a private person illegally detains or deprives the liberty of another person without the circumstances mentioned in Article 267 (kidnapping and serious illegal detention).
What are the elements of unlawful arrest?
Under Article 269, there is unlawful arrest if a person (whether private or public officer), arrests or detains another person for the purpose of turning the latter over to the proper authorities, however, such arrest is not permitted by law or no reasonable ground.
The essential requisite under this provision is that the purpose of the detention or arrest must be to turn over the offended party to the proper authorities. Otherwise, such detention can fall under Article 267 or 268.
What are the elements of kidnapping and failure to return a minor?
Under Article 270, there is kidnapping and failure to return a minor if the offender, who was entrusted with custody over the minor, fails to return the minor to his or her parents or guardian.
What are the elements of inducing a minor to abandon his home?
Under Article 271, an offender induces a minor who is living with his or her parents or guardiangs to abandon the said home.
Under this provision, it is not necessary that the minor actually abandon said home, what is punished under this article is the act of inducing or persuading a minor to abandon their home.
When is an act considered as slavery? What is its distinction from kidnapping?
Under Article 272, there is slavery if the offender, kidnaps, purchase, sell, or detain a person for the purpose of enslaving him.
The distinction of the crime of slavery from kidnapping is that the offender’s purpose of kidnapping the offended party is to enslave the latter, while in kidnapping, the purpose is to deprive the offended party of liberty.
What are the elements of exploitation of child labor?
Under Article 273, there is exploitation of child labor when an offender retains a minor in his service, against the will of the latter, to reimburse himself of the debt incurred by the minor’s parent or guardian.
What are the elements of qualified trespass to dwelling? What if the trespass is done by a public officer?
Under Article 280, there is qualified trespass to dwelling when the offender (private person), against the will of the offended party (either expressed or implied), enters the dwelling of the latter.
If the trespass is done by a public officer, the crime would be violation of domicile.
What are other forms of trespass? How does it defer from qualified trespass to dwelling?
Under Article 281, other forms of trespass are: any person (private or public) enters an uninhabited closed premises or fenced estate without the permission from the owner, with the prohibition manifest.
The differences between qualified trespass and other forms of trespass are (1) in the former, the property entered into is inhabited dwelling, but on the latter, it is uninhabited closed premises or fenced estate. (2) In the former, the act punishable is the entering of the offender in the dwelling against the will of the offended party, while in other forms of trespass, the acts punishable is the entering of the offender in the closed premises or fenced estate without the permission from the owner. (3) On the former, the crime is against the will of the offended party which could be expressed or implied, and in the latter, the prohibition must be manifest. (4) On the former, the offender is a private person, while on the latter, the offender is any person.
What are the elements of grave threats? Can you give an example?
Under Article 282, there is grave threats when the offender demands money or a condition (either lawful or unlawful) from another person with the infliction upon the person, honor, property or family of the latter of a wrong that constitutes a crime.
Karl threatened Maverick that he will burn Maverick’s house if latter will not give him money. This is under grave threats since the wrong constitutes the crime of arson.
What are the elements of light threats? Can you give an example?
Under Article 283, there is light threats when a person, demands money or a condition (either lawful or unlawful) from another with the infliction upon the person, honor, property, or family of the latter of a wrong that does not constitute a crime.
An example of this is, Karl threatened Orland that he will tell his girlfriend about his secret if the latter will not give him money. This is under light threat because the wrong here, the telling of Karl of the secret of Orland to the latter’s girlfriend, does not constitute a crime.
What are the elements of other light threats?
Under Article 285, it will fall under this provision if an offender threatens another with a weapon during a quarrel, or a harm that may or may not constitute a crime, but the offender did not actually persisted on the threat.
What are the acts falling under grave coercions?
Under Article 286, there is grave coercion if the offender, who has no right to restrain the will of the another person, compels the latter to do something against his will, or prevents another from doing a lawful thing by means of violence, intimidation, or threat.
What are the acts falling under light coercions?
Under Article 287, there is light coercion when a creditor seizes any property belong to the debtor to apply the same as payment of a debt incurred by the latter through violence, threat, or intimidation.
