Crimes Against Personal Liberty and Security Flashcards
Article 267. Kidnapping and Serious Illegal Detention
Elements
1. Offender is a private individual;
- He kidnaps or detains another, or in any other manner deprives the latter of his liberty;
- The act of detention or kidnapping must be illegal;
- In the commission of the offense, any of the following circumstances is present:
a. The kidnapping lasts for more than 3 days;
b. It is committed simulating public authority;
c. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or
d. The person kidnapped or detained is a minor, female, or a public officer.
Article 268. Slight Illegal Detention
Elements
1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner deprives him of his liberty.
3. The act of kidnapping or detention is illegal;
4. The crime is committed without the attendance of any of the circumstances enumerated in Article 267.
Article 268. Slight Illegal Detention
The penalty is lowered if –
(1) The offended party is voluntarily released within three days from the start of illegal detention;
(2) Without attaining the purpose;
(3) Before the institution of the criminal action.
Article 269. Unlawful Arrest
Elements
1. Offender arrests or detains another person;
2. The purpose of the offender is to deliver him to the proper authorities;
3. The arrest or detention is not authorized by law or there is no reasonable ground therefor.
Article 270. Kidnapping and Failure to Return A Minor
Elements
1. Offender is entrusted with the custody of a minor person (whether over or under seven years but less than 21 years of age);
2. He deliberately fails to restore the said minor to his parents or guardians.
Article 271. Inducing A Minor to Abandon His Home
Elements
1. A minor (whether over or under seven years of age) is living in the home of his parents or guardians or the person entrusted with his custody;
2. Offender induces said minor to abandon such home.
Article 272. Slavery
Elements
1. Offender purchases, sells, kidnaps or detains a human being;
2. The purpose of the offender is to enslave such human being.
Article 273. Exploitation of Child Labor
Elements
1. Offender retains a minor in his services;
2. It is against the will of the minor;
3. 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.
Article 274. Services Rendered under Compulsion in Payment of Debt
Elements
1. Offender compel a debtor to work for him, either as household servant or farm laborer;
2. It is against the debtor’s will; 3. The purpose is to require or enforce the payment of a debt.
Article 275. Abandonment of Persons in Danger and Abandonment of One’s Own Victim
Acts punished
1. Failing to render assistance to any person whom the offender finds in an uninhabited 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) The place is not inhabited;
2) Accused found there a person wounded or in danger of dying; 3) Accused can render assistance without detriment to himself;
4) Accused fails to render assistance.
- Failing to help or render assistance to another whom the offender has accidentally wounded or injured;
- By failing to deliver a child, under seven years of age, whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place.
Article 276. Abandoning A Minor
Elements
1. Offender has the custody of a child;
2. The child is under seven years of age;
3. He abandons such child;
4. He has no intent to kill the child when the latter is abandoned.
Circumstances qualifying the offense
1. When the death of the minor resulted from such abandonment; or
2. If the life of the minor was in danger because of the abandonment.
Article 277. Abandonment of Minor by Person Entrusted with His Custody; Indifference of Parents
Acts punished
1. Delivering a minor to a public institution or other persons without the 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. Offender has charge of the rearing or education of a minor; 2. He delivers said minor to a public institution or other persons;
3. 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.
- Neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits.
Elements:
1. Offender is a parent;
2. He neglects his children by not giving them education;
3. His station in life requires such education and his financial condition permits it.
Article 278. Exploitation of Minors
Acts punished
1. Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person; 2. Employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wildanimal tamer, the offender being an acrobat, etc., or circus manager or engaged in a similar calling;
3. Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of the said callings;
4. Delivering a child under 16 years of age gratuitously to any person following any of the callings enumerated in paragraph 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; and
5. Inducing any child under 16 years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph y habitual vagrant or beggar, the offender being any person.
Article 280. Qualified Trespass to Dwelling
Elements
1. Offender is a private person; 2. He enters the dwelling of another;
3. Such entrance is against the latter’s will.
Two forms of trespass
1. Qualified trespass to dwelling – This may be committed by any private person who shall enter the dwelling of another against the latter’s will. The house must be inhabited at the time of the trespass although the occupants are out. Or offender breaks in with force and violence (Article 280).
- Trespass to property - Offender enters the closed premises or fenced estate of another; such close premises or fenced estate is uninhabited; there is a manifest prohibition against entering such closed premises or fenced estate; and offender has not secured the permission of the owner or caretaker thereof (Article 281).
Article 281. Other forms of trespass
Elements
1. Offender enters the closed premises or the fenced estate of another;
2. The entrance is made while either of them is uninhabited;
3. The prohibition to enter is manifest;
4. The trespasser has not secured the permission of the owner or the caretaker thereof.
Article 282. Grave Threats
Acts punished:
1. Threatening another with the infliction upon his person, honor or property or that of this family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose;
2. Making such threat without the offender attaining his purpose;
3. 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
Article 283. Light Threats
Elements
1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
3. There is a demand for money or that other condition is imposed, even though not unlawful;
4. Offender has attained his purpose or, that he has not attained his purpose.
Article 285. Other Light Threats
Acts punished
1. Threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense;
2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat;
3. Orally threatening to do another any harm not constituting a felony.
Article 286. Grave Coercions
Acts punished
1. Preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law;
2. Compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong.
Elements
1. A person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will; be it right or wrong;
2. The prevention or compulsion be effected by violence, threats or intimidation; and
3. The person that restrained the will and liberty of 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.
Article 287. Light Coercions
Elements
1. Offender must be a creditor; 2. He seizes anything belonging to his debtor;
3. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation;
4. The purpose of the offender is to apply the same to the payment of the debt.
Article 288. Other Similar Coercions
Acts punished:
1. Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise of commodities of any kind from him;
Elements:
1. Offender is any person, agent or officer of any association or corporation;
2. He or such firm or corporation has employed laborers or employees;
3. 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 him or from said firm or corporation.
- Paying the wages due his laborer or employee by means of tokens or object other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee.
Elements:
1. Offender pays the wages due a laborer or employee employed by him by means of tokens or object;
2. Those tokens or objects are other than the legal tender currency of the Philippines;
3. Such employee or laborer does not expressly request that he be paid by means of tokens or objects.
Article 289. Formation, Maintenance, and Prohibition of Combination of Capital or Labor through Violence or Threats
Elements
1. 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. The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers.
Article 290. Discovering Secrets through Seizure of Correspondence
Elements
1. Offender is a private individual or even a public officer not in the exercise of his official function;
2. He seizes the papers or letters of another;
3. The purpose is to discover the secrets of such another person; 4. Offender is informed of the contents of the papers or letters seized.
Article 291. Revealing Secrets with Abuse of Office
Elements
1. Offender is a manager, employee or servant;
2. He learns the secrets of his principal or master in such capacity;
3. He reveals such secrets.
