Title 9 - (267-292) Personal Liberty & Security

Question 1

267

Answer 1

Kidnapping and Serious Illegal Detention

Question 2

Elements of 267

Answer 2

1. That the offender is a private individual who is not any of the parents of the victim nor a female;
2. That he [kda] 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 (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.

Question 3

qualifying circumstances of 267

Answer 3

1. extort ransom
2. when the victim is killed or dies as a consequence of detention
3. when the victim is raped
4. when victim is tortured

Question 4

What is the essence of kidnapping for ransom?

Answer 4

The actual deprivation of the victim’s liberty, coupled with indubitable (w/o doubt) proof of intent of the accused to effect the same

Question 5

When shall deprivation of liberty constitute kidnapping and serious illegal detention under 267?

Answer 5

when the elements are present

Question 6

Distinguish kidnapping from grave coercion.

Answer 6

[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.

Question 7

March 2 - Lecture

Answer 7

March 2 - Lecture

Question 8

gravamen/primordial intention of serious illegal detention and kidnapping is

Answer 8

primary intention is the deprivation of liberty

Question 9

what makes this [serious] illegal detention?

Answer 9

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

Question 10

if the purpose was to deprive the liberty and victim dies, what is committed?

Answer 10

kidnapping with homicide

Question 11

268

Answer 11

Slight Illegal Detention

Question 12

what is slight’s illegal detention mitigating circumstance

Answer 12

that the offended party is voluntarily released within 3 days

not applicable if these would be done in serious illegal detention

Question 13

269

Answer 13

Unlawful Arrest

Question 13

If the arrest wasn’t delivered to the proper authorities, then what is the crime?

Answer 13

illegal detention

Question 13

270

Answer 13

Kidnapping and Failure to
Return A Minor

Question 13

unlawful arrest’s primary purpose

Answer 13

charge a person of a crime that he did not commit

Question 14

What is required in 270

Answer 14

Custody of a minor person

delibirately fail to

Question 15

art 275

Answer 15

ABANDONMENT OF PERSONS OWN VICTIM The penalty of arresto mayor shall be imposed upon:

1. 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.
2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.
3. 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

Question 15

in accidents, no criminal liabilty whatsoever BUT, if you fail to help or render assistance whom he has accidentally wounded/injured, then criminally liable

Answer 15

assistance WIHTOUT DETRIMENT OF ONESELF. this is a matter of defense now

if

Question 16

2nd act punishable -

Answer 16

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

Question 16

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

Question 16

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)

Answer 16

secure consent to the proper authoritieis (court /dswd)

Question 16

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

Question 17

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

Answer 17

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)

Question 18

accused got into the window without intention to kill, but when the people inside wanted to arrest, he then had the intent to kill

Answer 18

tress pas to dwelling is separate from attmpeted/frusrtarted homicide

Question 19

281 entrance to the fence or closed premise, trespass is made while it is UNINHABITED

Question 20

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

Answer 20

if person forced to sign a document, without offenders intent to gain with a gun pointed at them, the crime is coercion

Question 21

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

Question 22

285 - 3rd act is simply

Answer 22

284 is skipped

Question 23

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

Answer 23

YOU REALLY HAVE TO DETERMINE THE INTENT

Question 24

diane was drugged by adrian just to bring diane around her barrio with his tricycle, the crime is coercion

Answer 24

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

Question 25

288 - other smiilar coercion

Question 26

289 - not so much

Question 27

290 - vausy law if as bfs or husbands hides locks our correpsondence, that causes psychological damage

291 - short
292 -

Answer 27

included unjust vexation

Question 28

unjust vexatio, no passion/motive of kissing and hugging a woman

Answer 28

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)