Crimes Against Personal Liberty And Security

Question 1

What are the ELEMENTS of Art.267 “Kidnapping and Serious Illegal Detention”?

Answer 1

1. That the offender is a Private Individual.
2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty.
3. That the act of detention or kidnapping must be illegal.
4. That in the commission of the offense, any of the following circumstances is present:
   A. That the kidnapping or detention lasts for more than five (3) days.

B. That it is committed simulating public authority.

C. That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made.

D. That the person kidnapped or detained is a minor, female, or a public officer.

Question 2

What are the ELEMENTS of Kidnapping for Ransom?

Answer 2

1. Intent on the part of the accused to deprive the victim of his liberty;
2. Actual deprivation of the victim of his liberty; and
3. Motive of the accused, which is extorting ransom for the release of the victim.

Question 3

What are the ELEMENTS of Art.268 “Slight Illegal Detention”?

Answer 3

1. That the offender is a Private Individual.
2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty.
3. That the act of detention or kidnapping must be illegal.
4. That the crime is committed WITHOUT the attendance of any of the circumstances enumerated in Art. 267.

Question 4

What are the ELEMENTS of Art. 269 “Unlawful Arrest”?

Answer 4

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

Question 5

What are the ELEMENTS of Art.270 “Kidnapping and failure to return a minor”?

Answer 5

1. The offender is entrusted with the custody of a minor person and
2. The offender deliberately failed to restore the said minor to his parents or guardian.

Question 6

What are the ways of committing Art. 272 “Slavery”?

Answer 6

1. Purchasing.
2. Selling.
3. Kidnapping or
4. Detaining

a human being for the purpose of enslaving him.

Question 7

What are the ELEMENTS of Art. 276 “Abandoning of a Minor”?

Answer 7

1. The accused has custody of a child.
2. The child is under 7 years of age.
3. The accused abandons such child.
4. The accused has no intent to kill the minor at the time of abandonment.

Question 8

What are the ELEMENTS of Art. 277 “Abandonment of a Minor by a person entrusted with his custody”?

Answer 8

1. That the offender has the charge of rearing or educating a minor.
2. That he delivers such minor to a public institution or other persons.
3. That such delivery is without the consent of the one who entrusted the child to his care, or in the absence of the latter, without the consent of the proper authorities.

Question 9

What are the ELEMENTS of Art. 280 “Qualified Trespass to Dwelling”?

Answer 9

1. The offender is a Private Person.
2. He entered the dwelling of another.
3. The entry was effected against the latter’s will.

Question 10

What are the REQUISITES of Art. 281 “Other forms of Trespass”?

Answer 10

1. The offender shall enter the closed premises or fenced state of another.
2. Such closed premises or fenced estate is uninhabited.
3. There is a manifest prohibition against entering such closed premises or fenced estate.
4. The offender has not secured the permission of the owner or caretaker thereof.

Question 11

What is the ESSENCE of Art. 282 “Grave Threats”?

Answer 11

It is the act of threatening another with the infliction of a wrong amounting to a crime upon the person, honor, or property of the latter or his family.

Question 12

What are the ELEMENTS of Art. 286 “Grave Coercions”?

Answer 12

1. That any person be prevented by another from doing something not prohibited by law, or compelled to do something against his will, be it right or wrong;
2. That the prevention or compulsion be effected by violence, either by material force or such display of it as would produce intimidation and control the will of the offended party, and
3. That the person who restrained the will and liberty of another had no right to do so, or, in other words, that the restraint was not made under authority of law or in the exercise of a lawful right.

Question 13

What are the WAYS of committing Grave Coercion?

Answer 13

1. By preventing another form doing something not prohibited by law by means of violence, threats or intimidation.
2. By compelling another to do something against his will, whether right or wrong, by means of violence, threats or intimidation.

Question 14

What are the ELEMENTS of Art. 287 “Light Coercions”?

Answer 14

1. The accused is a creditor.
2. He seizes anything belonging to his debtor.
3. The seizure is done through violence or intimidation.
4. The purpose of seizing is to apply the same to the payment of the debt.

Question 15

What are the ACTS punishable under Art. 288 “Other similar coercions”?

Answer 15

1. Compelling or forcing, directly or indirectly, any laborer or employee employed by him, to purchase merchandise or commodities of any kind.
2. Knowingly permitting any laborer or employee employed by him to purchase merchandise or commodities of any kind.
3. Paying the wages due a laborer or employee employed by him by means of tokens or objects other than legal tender money of the Philippines, unless expressly requested by the laborer or employee.