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CRIM2 FINALS > TITLE 9 > Flashcards

TITLE 9 Flashcards

1
Q

Elements of Kidnapping and Illegal Detention

A
  1. 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.
    FOURTH ELEMENT TOO LONG GO NEXT CARD
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2
Q

FOURTH ELEMENT OF KIDNAPPING

A

That in the commission of the offense, any of the following circumstances is present:
1) That the kidnapping or detention lasts for more than three 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, female, or public officer,

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3
Q

Persons liable

A

Private individual.
Public officer with no duty to detain

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4
Q

Can the kidnapper be a parent if the victim is a minor?

A

No

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5
Q

Intention that must be proved

A

Deprive the offended party of her liberty.

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6
Q

What is illegal detention?

A

When such detention is not ordered by a competent authority or not permitted by law.

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7
Q

What is essential in illegal detention?

A

Locking up of a victim

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8
Q

Qualifying Circumstances:

A
  1. Committed for the purpose of extorting ransom from the victim or any other person even if none of the circumstances mentioned were present in the commission of the offense.
  2. When the victim is killed or dies as a consequence of detention, or is raped or is subjected to torture or dehumanizing acts.
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9
Q

T or F: The QC of ransom must be coupled with actual demand

A

NO, actual demand is not necessary.

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10
Q

T or F: Kidnapping must come with lewd design or intent

A

F

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11
Q

When is kidnapping murder and not kidnapping?

A

When the taking of the victim is only incidental to the basic purpose to kill.

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12
Q

Does the QC of death cover natural cause?

A

Yes

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13
Q

Art. 268 - Slight illegal detention - elements

A
  1. That the offender is a private individual.
  2. That he kidnaps or detains another, or in any other manner deprives him of his liberty.
  3. That the act of kidnapping or detention is illegal.
  4. That the crime is committed without the attendance of any of the circumstances enumerated in Art. 267.
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14
Q

Persons liable

A

Private individual.
Accomplice (Anyone who furnished the place for the perpetration of the crime)

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15
Q

What is the Mitigating circumstance:

A

Voluntarily released the person kidnapped or detained within 3 days from the commencement of the detention
Without having attained the purpose intended
Before the institution of criminal proceedings against him.

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16
Q

What must be shown to prove the MC?

A

It must be shown that he was in a position to prolong the detention for more than three days and yet he released the person detained.

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17
Q

Unlawful Arrest - Elements

A
  1. That the offender arrests or detains another person.
  2. That the purpose of the offender is to deliver him to the proper authorities
  3. That the arrests or detention is not authorized by law or there is no reasonable ground therefor.
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18
Q

Essence of the crime:

A

Arrest must be made for the purpose of delivering the person arrested to the proper authorities but it was made without any reasonable ground therefor.

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19
Q

What if the purpose is not to deliver the person?

A

The crime could be illegal detention

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20
Q

Kidnapping and failure to return a minor - Elements

A
  1. That the offender is entrusted with the custody of a minor person.
  2. That he deliberately fails to restore the said minor to his parents or guardians.
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21
Q

Can the crime be committed by the parents?

A

Yes, when the parents live separately.

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22
Q

Inducing a minor to abandon his home.

A
  1. A minor is living in the home if his parents or guardian or the person entrusted with his custody; and
  2. Offender induces said minor to abandon such home.
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23
Q

Can this be comitted by parents?

A

Yes, when the parents live separately.

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24
Q

Slavery

A

Purchasing, kidnapping, or detaining a human being for the purpose of enslaving him.

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25
Q

Qualifying circumstance:

A

Committed for the purpose of assigning the offended party to some immoral traffic.

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26
Q

Exploitation of child labor - ELMEENTS

A
  1. 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.
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27
Q

What if the minor consents?

A

No crime

28
Q

Services render under compulsion in payment of debt - ELEMENTS

A
  1. 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
29
Q

Abandonment of persons in danger and abandonment of one’s victim - punishable acts

A
  1. By 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.
  2. By failing to help or render assistance to another whom the offender has accidentally wounded or injured.
  3. By failing to deliver a child, under 7 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.
30
Q

ELEMENTS

A
  1. The 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
  4. The accused fails to render assistance.
31
Q

What if the person intentionally wounded another in an uninhabited place?

A

This crime is not applicable.

32
Q

Is the knowledge of the offender of the age of the child material?

A

No, extends to a lost child.

33
Q

Abandoning a minor - elements

A
  1. Offender has custody of the child.
  2. Child is under 7 years of age
  3. He abandons the child.
  4. He has no intent to kill the child when the latter is abandoned.
34
Q

Qualifying circumstances

A
  1. When Death resulted from such abandonment
  2. If the life of the minor was endangered because of the abandonment.
35
Q

What if there’s intent to kill

A

Then this article does not apply

36
Q

Abandonment

A

Not the momentary leaving of the child, but the abandonment which deprives him of the care and protection from danger to his person.

37
Q

Must the act be deliberate

A

Yes

38
Q

Abandonment of minor by person entrusted with his custody; indifference of parents

A
  1. By 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.
  2. By neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits.
39
Q

Expolitation of minors

A
  1. Causing any boy or girl under 16 to perform any dangerous feat, 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, etc.
  3. Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph
  4. Delivering a child under 16 years of age gratuitously to any person if any of the callings enumerated in paragraph 2, or to any habitual vagrant or beggar
  5. Inducing any child under 16 years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person entrusted in any of the callings mentioned in par. 2 or to accompany any habitual vagrant or beggar, the offender being any person.
40
Q

Art. 280
Qualified trespass to dwelling

A
  1. Offender is a private person;
  2. He enters the dwelling of another; and
  3. Such entrance is against the latter’s will.
41
Q

Qualifying circumstance

A

By means of violence and intimidation

42
Q

Crimes that may be committed when a person trespasses a dwelling

A

1) If the purpose in entering a dwelling is not shown, trespass is committed.
2) If the purpose is shown, it may be absorbed in the crime as in robbery with force upon things, the trespass yielding to the more serious crime.
3) But if the purpose is not shown and while inside the dwelling he was found by the occupants, one of whom was injured by him, the crime committed will be trespass to dwelling and frustrated homicide, physical injuries, or if there was no injury, unjust vexation.

43
Q

Other forms of trespass

A

Entering closed premises or the fenced estate of another, while either of them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

44
Q

Grave threats (Attained his purpose)

A
  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.
45
Q

Grave threats → Not subject to condition

A
  1. That the offender threatens another person with the infliction upon 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.
46
Q

Light threats

A

1) Offender makes a threat to commit a wrong.
2) The wrong doesn’t constitute a crime.
3) There is a demand for money or that other condition is imposed, even though lawful; and
4) Offender has attained or has not attained his purpose.

47
Q

T or F: When the threat was made in the heat of anger, and the offender did not persist — this is grave threats.

A

False, light threats.

48
Q

Threats v Coercion

A

T: Future harm, injury is against the victim’s person, honor, property or house of his family.

C: Immediate harm, the injury is on the person of the victim.

49
Q

Other light threats

A

Threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense. Here, the weapon must not be discharged;

Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat; and

Orally threatening to do another any harm not constituting a felony.

50
Q

What are the limitations in other light threats?

A

Limited to verbal threats in the heat of anger. In grave threats, its deliberaet.

51
Q

Difference of other light threats and grave threats

A

Other: Subsequent acts of the accused showed that he did not persist in the idea involved in his threat.

Grave:The threat is made with the deliberate purpose of creating in the mind of the person threatened the belief that the threats will be carried into effect.

52
Q

Grave coercion

A

By preventing another, by means of violence, threats or intimidation from doing something not prohibited by law.

By compelling another by means of violence, threats or intimidation to do something against his will, whether it be right or wrong.

53
Q

Qualifying circumstance of grave coercion:

A

Coercion is committed in violation of the exercise of the right of suffrage.
Coercion is committed to compel another to perform a religious act.
Coercion is committed to prevent another from performing any religious act.

54
Q

Elements

A

A person is prevented by another from doing something not prohibited by law or compelled to do something against his or her will, be it right or wrong.

Prevention or compulsion is affected by violence, either by material force or such a display of it as would produce either intimidation and consequently control over the will of the offended party.

Person who restrains the will and liberty of another has no right to do so.

55
Q

Exactly when does grave coercion occur

A

Arises only if the act which the offender prevented another to do is not prohibited by law or ordinance

Must be made at the time the offended party was doing or about to do the act to be prevented.

56
Q

When is coercion consummated?

A

Coercion is CONSUMMATED even if the offended party did not accede to the purpose of the coercion.

57
Q

Light coercion - elements

A

Offender must be a creditor.

He seizes anything belonging to his debtor.

The seizure of the thing he accomplished by means of violence or a display of material force producing intimidation.

Purpose of the offender is to apply the same to the payment of the debt

58
Q

Other similar coercion

A

Forcing or compelling, directly or indirectly knowingly permitting the act of forcing or compelling the laborer or employee of the offender to purchase merchandise or commodities of any kind from him.

Paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee.

59
Q

Does this include inducing an employee to give up any part of his wages?

A

No

60
Q

What if the employee requests for other payment aside from legal tender?

A

The offender will still be liable

61
Q

Discovering secrets through seizure of correspondence

A

Punishes any private individual who in order to discover the secrets of another, shall seize his papers or letters and reveal the contents thereof.

62
Q

What if the offender does not discover the contents of the letter?

A

No crime

63
Q

Should a secret be actually discovered

A

No, the act punished is the seizure of correspondence to discover secrets

64
Q

Revealing secrets with abuse of office

A

Punishes any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets.

65
Q

What if the secret was communicated by the principal or master to the employee or servant?

A

Still liable

66
Q

Is damage material?

A

No

67
Q

What if the revelation is required by law?

A

No liability

CRIM2 FINALS (7 decks)

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