Title 9 - (267-292) Personal Liberty & Security Flashcards
Crimes Against Personal Liberty and Security
267
Kidnapping and Serious Illegal Detention
Elements of 267
- That the offender is a private individual who is not any of the parents of the victim nor a female;
- That he [kda] kidnaps or detains another, or in any other manner *deprives the latter of his liberty;
- That the act of detention or kidnapping must be illegal;
- That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping or detention lasts for MORE THAN (3) days; or
b. That it is committed simulating public authority; or
c. That ANY serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or
d.[mfp] That the person kidnapped or detained is a minor, female, or a public officer.
note
- It is NOT necessary that the victim be placed in an enclosure. It may consist not only in placing a person in an enclosure but also in detaining him or depriving him in any manner of his liberty
- The crime is committed when the offender left the child in the house of another, where the child had freedom of locomotion but not the freedom to leave it at will because of his tender age.
- The detention is illegal when not ordered by competent authority or not permitted by law.
qualifying circumstances of 267
- extort ransom
- when the victim is killed or dies as a consequence of detention
- when the victim is raped
- when victim is tortured
What is the essence of kidnapping for ransom?
The actual deprivation of the victim’s liberty, coupled with indubitable (w/o doubt) proof of intent of the accused to effect the same
When shall deprivation of liberty constitute kidnapping and serious illegal detention under 267?
when the elements are present
Distinguish kidnapping from grave coercion.
[Kidnapping]
a. Detaining another person and depriving him liberty.
b. There is actual detention or confinement
[Grave Coercion]
a. Use of violence or intimidation to prevent someone to do something not prohibited by law, or compel to do something against his, whether it be will be it right or wrong
b. The prevention or compulsion is effected by violence either by material force or such display of it as would produce intimidation and consequently, control over the will of the offended party; and
c. The person who restrains the will and liberty of another has no right to do so, or in other words, the restraint is not made under authority of a law or in the exercise of any lawful right.
March 2 - Lecture
March 2 - Lecture
gravamen/primordial intention of serious illegal detention and kidnapping is
primary intention is the deprivation of liberty
what makes this [serious] illegal detention?
If the kidnapping or detention shall have lasted more than three days;
If it shall have been committed simulating public authority;
If any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or if threats to kill him shall have been made;
If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female, or a public officer.
note
even if the detention was for 1 day only but the purpose was for a ransom, then it is serious illegal detention
threats, serious physical injuries are not complexed her but absorbed
if death or rape or tortured will be considered be qualifying circumstance
if victim is compelled to work in the house of the kidnapper, but there is freedom in the house (leave anytime) what is committed is coercion
as long as there is the element of RESTARINT, there is kidnapping. It does not need to be permanent. It’s sufficient that it deprives the person of his liberty
in the Pp v. Ong, 624 SCRA, no kidnapping when the intention is killing. (takes the person to one place with the plan to kill, then the crime is homicide/murder)
simiarly if the person brings another to another place and the intention of the person is to rape, it is not kidnapping with rape, it is rape
note
primary intention is very important to determine what felony is committed
if the purpose was to deprive the liberty and victim dies, what is committed?
kidnapping with homicide
268
Slight Illegal Detention
what is slight’s illegal detention mitigating circumstance
that the offended party is voluntarily released within 3 days
not applicable if these would be done in serious illegal detention
269
Unlawful Arrest
If the arrest wasn’t delivered to the proper authorities, then what is the crime?
illegal detention
270
Kidnapping and Failure to
Return A Minor
unlawful arrest’s primary purpose
charge a person of a crime that he did not commit
What is required in 270
Custody of a minor person
delibirately fail to
art 275
ABANDONMENT OF PERSONS OWN VICTIM The penalty of arresto mayor shall be imposed upon:
- Anyone who shall fail to render assistance to any person whom he shall find 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.
- Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.
- Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place
in accidents, no criminal liabilty whatsoever BUT, if you fail to help or render assistance whom he has accidentally wounded/injured, then criminally liable
assistance WIHTOUT DETRIMENT OF ONESELF. this is a matter of defense now
if
2nd act punishable -
chargeable if you do not give them education that your station in life is able to give, s
so super rich but the child is in public school
280 - the prohibition is manifest for trespass to dwelling but if there is a qualifying circumstnace (violence and threat), regardless if prohibition was manifest or not, it is qualified
art 277 if something2 happens, 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 (1st act puinshed)
secure consent to the proper authoritieis (court /dswd)
278 -
2nd act (16 yrs old - not ascendant)
3rd act ( 12 yrs old - this one is now an ascendant)
4th act (offender, ascendant, gurdian, teacher delivers a child gratuit
5th act - qualified if made in consideration of price or compensation
trespass to dwelling , if no other overt act intended to be committed, then this is committed
but if it is robbery on force upon things, you don’t charge trespass nor is it qualified because it is an element to the crime
committed can be by the owner provided he is not the actual occupant and the occupant is someone else (person leasing owner)
what if there is non payment, can he enter? (NO. the owner needs the consent of the occupant)
accused got into the window without intention to kill, but when the people inside wanted to arrest, he then had the intent to kill
tress pas to dwelling is separate from attmpeted/frusrtarted homicide
281 entrance to the fence or closed premise, trespass is made while it is UNINHABITED
282 - GRAVE THREATS
if the threat amounts to a crime, it is grave if it is not a crime, then it is 283 (light threat)
if grave threat, then there is physical asault, it is a mere incident and makes part of the grave threat
if person forced to sign a document, without offenders intent to gain with a gun pointed at them, the crime is coercion
283 - light threat
ex. you will report jcj that she stole a picture of another kissing another, unless jcj gives tips on what questions fiscal will give, (that’s not a crime on your part, but a crime in jcj’s part-downloading photo)
the offender may/may not attain his purpose, this is light threats.
black mail is another term for light threats. blackmail is money is demanded under the threat of exposure
ex. you file dsibarment suit if atty does not give 100k
285 - 3rd act is simply
284 is skipped
286 - grave coercion
if the act of carrying a woman without lewd design, but the purpose is to divest her of her personal effect, that is NOT coercion but is robbery or theft
if the drugging is for sex, that is not coercion, that is forcible abduction
YOU REALLY HAVE TO DETERMINE THE INTENT
diane was drugged by adrian just to bring diane around her barrio with his tricycle, the crime is coercion
if a suspect is brought to the police HQ without being confide in a jail to make him admit the crime and torture him to confess to such crime and later released. the crime is grave coercion
288 - other smiilar coercion
289 - not so much
290 - vausy law if as bfs or husbands hides locks our correpsondence, that causes psychological damage
291 - short
292 -
included unjust vexation
unjust vexatio, no passion/motive of kissing and hugging a woman
when is it attempted rape, unjust vex, asctss of lascioudviodness?
- if you touch the chest, and not contended and removed the clothes, and mounted her (attempted rape)
- if you touch the chest, but satisfied already(acts of lasciviosuness)
- if you touch the chest and then you say ‘you have only two thumb tacks’ (unjust vexation)
