Title IX: Crimes Against Personal Liberty and Security

Question 1

What are the crimes classified as illegal detention?

Answer 1

They are:

(1) Kidnapping and serious illegal detention (Art. 267);
(2) Slight illegal detention (Art. 268);
(3) Unlawful arrest (Artr. 269).

Question 2

Art. 267.

Answer 2

Art. 267. Kidnapping and serious illegal detention.

Question 3

Art. 267. Kidnapping and serious illegal detention.– Any private individual who shall […], or in any other manner […], shall suffer the penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have […].
2. If it shall have been committed […].
3. If any […] upon the person kidnapped or detained, or if […] shall have been made.
4. If the person kidnapped or detained shall be a […], except when the accused is any of the parents, […] or a […].

The penalty shall be death where the kidnapping or detention was committed for the purpose of […] or any other person, even if […] were present in the commission of the offense.

When the victim is […] or […] or is […], or is subjected to […], the maximum penalty shall be imposed.

Answer 3

Art. 267. Kidnapping and serious illegal detention.– Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public authority.
3. 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.
4. If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female on a public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of extoring ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.

When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed.

Question 4

What are the elements of Kidnapping and serious illegal detention (Art. 267)?

Answer 4

“The elements of kidnapping and serious illegal detention are:

(1) That the offender is a private individual;
(2) That he kidnaps or detains another, or any other manner deprives the latter of his liverty;
(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;
(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; or
(d) That the person kidnapped or detained is a minor, female, or a public officer.

OR (5) the offender kidnaps the victim for the purpose of extorting ransom.”

Question 5

Can a public officer be charged with the crime of Kidnapping and serious illegal detention?

Answer 5

It depends whether or not the public officer has the duty under the law to detain other persons. If he has, then the crime shall be arbitrary detention. If he does not, then he may be charged with kidnapping and serious illegal detention.

Question 6

Art. 268. […].

Answer 6

Art. 268. Slight illegal detention.

Question 7

“Art. 268. Slight illegal detention.– The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without […].

The penalty shall be incurred by anyone who shall […]. If the offender shall voluntarily release the person so kidnapped or detained within […], without […], and before […], the penalty shall be prision mayor in its minimum and medimum periods and a fine not exceeding One hundred thousand pesos (P100,000). “

Answer 7

“Art. 268. Slight illegal detention.– The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of the circumstances enumerated therein.

The penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. If the offender shall voluntarily release the person so kidnapped or detained within three (3) days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum and medimum periods and a fine not exceeding One hundred thousand pesos (P100,000). “

Question 8

What are the elements of slight illegal detention?

Answer 8

“The elements of slight illegal detention are:

(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 circumstance for kidnapping and serious illegal detention (Art. 267).

OR (5) That the offender is anyone who furnishes the place for the perpetration of the crime.”

Question 9

Art. 269.

Answer 9

Art. 269. Unlawful arrest.

Question 10

Art. 269. Unlawful arrest.– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon […] who, in any case other than those […], or […], shall […] for the purpose of […].

Answer 10

Art. 269. Unlawful arrest.– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.

Question 11

What are the elements of unlawful arrest?

Answer 11

“The elements of unlawful arrest are:

(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 arrest or detention is not authorized by law or there is no reasonable ground therefor. (not a valid warrantless arrest)”

Question 12

What are the crimes called kidnapping of minors?

Answer 12

“They are:

(1) kidanpping and failure to return a minor (Art. 270).
(2) Inducing a minor to abandon his home. (Art. 271).”

Question 13

Art. 270.

Answer 13

Art. 270. Kidnapping and failure to return a minor.

Question 14

Art. 270. Kidnapping and failure to return a minor.– The penalty of reclusion perpetua shall be imposed upon any person who, […], shall […] to restore the latter to his parents or guardians.

Answer 14

Art. 270. Kidnapping and failure to return a minor.– The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.

Question 15

What are the elements of kidnapping and failure to return a minor (Art. 270)?

Answer 15

“The elements of kidnapping an failure to return a minor (Art. 270) are:

(1) That the offender is entrusted with the custody of a minor person (whether over or under 7 years but less than 18 years of age (18 under new law));
(2) That he deliberately fails to restore the said minor to his parents or guardians.”

Question 16

Art. 271.

Answer 16

Art. 271. Inducing a minor to abandon his home.

Question 17

“Art. 271. Inducing a minor to abandon his home.– The penalty of prision correccional and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon anyone who shall […] or guardians or the persons entrusted with his custody.

If the person committing any of the crimes covered by the two (2) preceding articles shall be the […], the penalty shall be arresto mayor or a fine not exceeding Forty thousand pesos (P40,000) or both.”

Answer 17

“Art. 271. Inducing a minor to abandon his home.– The penalty of prision correccional and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon anyone who shall induce a minor to abandon the home of his parents or guardians or the persons entrusted with his custody.

If the person committing any of the crimes covered by the two (2) preceding articles shall be the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding Forty thousand pesos (P40,000) or both.”

Question 18

What are the elements of the crime of inducing a minor to abandon his home (Art. 271)?

Answer 18

“The elements of inducing a minor to abandon his home (Art. 271) are:

(1) That a minor (whether over or under seven years of age) is living in the home of his parents or guardian or the person entrusted with his custody.
(2) That the offender induces said minor to abandon such home.”

Question 19

What are the crimes called slavery and servitude?

Answer 19

“The crimes called slavery and servitude are:

(1) Slavery (Art. 272);
(2) Exploitation of child labor (Art. 273);
(3) Services rendered under compulsion in payment of debt (Art. 274).”

Question 20

Art. 272.

Answer 20

Art. 272. Slavery.

Question 21

“Art. 272. Slavery.– The penalty of prision mayor and a fine of not exceeding P10,000 pesos shall be imposed upon anyone who shall […], […], […], or […] a human being for the purpose of […].

If the crime be committed for the purpose of […], the penalty shall be imposed in its maximum period.”

Answer 21

“Art. 272. Slavery.– The penalty of prision mayor and a fine of not exceeding P10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap, or detain a human being for the purpose of enslaving him.

If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period.”

Question 22

What are the elements of slavery?

Answer 22

“The elements of slavery (Art. 272) are:

(1) That the offender purchases, sells, kidnap or detains a human being;
(2) That the purpose of the offender is to enslave such human being.”

Question 23

Art. 273.

Answer 23

Art. 273. Exploitation of child labor.

Question 24

Art. 273. Exploitation of child labor.– The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, […] incurred by an […], […], or person entrusted with the custody of a minor, shall, against the […], […].

Answer 24

Art. 273. Exploitation of child labor.– The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, inder the pretext of reimbursing himself of a debt incurred by an ascendant, guardian, or person entrusted with the custody of a minor, shall, against the latter’s will, retain him in his service.

Question 25

What are the elements of exploitation of child labor?

Answer 25

“The elements for exploitation of child labor (Art. 273) are:

(1) That the 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. “

Question 26

Art. 274.

Answer 26

Art. 274. Services rendered under compulsion in payment of debt.

Question 27

Art. 274. Services rendered under compulsion in payment of debt.– The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to […], shall […], against his will, as […] or […].

Answer 27

Art. 274. Services rendered under compulsion in payment of debt.– The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.

Question 28

What are the elements of services rendered under compulsion in payment of debt?

Answer 28

“The elements of services rendered under compulsion in payment of debt (Art. 274) are:

(1) That the 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.”

Question 29

What are crimes called abandonment of helpless persons and exploitation of minors?

Answer 29

“The crimes called abandonment of helpless persons and exploitation of minors are:

(1) Abandonment of persons in danger and abandonment of one’s victim (Art. 275);
(2) Abandoning a minor (Art. 276);
(3) Abandonment of minor by person entrusted with his custody; indifference of parents (Art. 277);
(4) Exploitation of minors (Art. 278).”

Question 30

Art. 275.

Answer 30

Art. 275. Abandonment of persons in danger and abandonment of one’s own victim.

Question 31

“Art. 275. Abandonment of persons in danger and abandonment of one’s own victim.– The penalty of arresto mayor shall be imposed upon:

1. Anyone who shall […] to any person whom he shall find in an […] wounded or in danger of dying, when he […], unless such omission shall […];
2. Anyone who shall […] to another whom he has […];
3. Anyone who, having found an […], shall […] said child to the […], or shall […].”

Answer 31

“Art. 275. Abandonment of persons in danger and abandonment of one’s 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 his family, or shall fail to take him to a safe place.”

Question 32

What are the elements of abandonment of persons in danger and abandonment of one’s own victim (Art. 275)?

Answer 32

“The elements of abandonment of persons in danger and abandonment of one’s own victim (Art. 275) are:

I. First Mode:

(1) The place is uninhabited;
(2) The accused found there a person whounded or in danger of dying;
(3) The accused can render assistance without detriment to himself;
(4) He fails to render assistance

II. Second Mode:

(1) That the accused has accidentally wounded or injured another;
(2) That the accused fails to help or render assistance to his victim.

III. Third Mode:

(1) That the accused has found a child that is abandoned;
(2) That the child is under seven years of age;
(3) That the accused fails to deliver the child to the authorities or to his family; or to take him to a safe place.”

Question 33

Art. 276.

Answer 33

Art. 276. Abandonging a minor.

Question 34

“Art. 276. Abandong a minor.– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon anyone who shall abandon a child under […], the custody of which is […].

When the […] shall result from such abandonment, the culprit shall be punished by prision correccional in its medium and maximum periods; but if the life of the minor shall have been […], the penalty shall be prision correccional in its minimum and medium periods.

The provisions contained in the two (2) preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.”

Answer 34

“Art. 276. Abandong a minor.– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon anyone who shall abandon a child under seven (7) years of age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit shall be punished by prision correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prision correccional in its minimum and medium periods.

The provisions contained in the two (2) preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.”

Question 35

What are the elements of the crime of abandoning a minor (Art. 276)?

Answer 35

“The elements of abandoning a minor (Art. 276) are:

(1) That the offender has the custody of a child;
(2) That the child is under seven years of age;
(3) That he abandons such child;
(4) That he has no intent to kill the child when the latter is abandoned. “

Question 36

Art. 277.

Answer 36

Art. 277. Abandonment of minor by person entrusted with his custody; Indifference of parents.

Question 37

“Art. 277. Abandonment of minor by person entrusted with his custody; Indifference of parents.– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon anyone who, […], shall deliver said minor to a […] or […], without the consent of […], child to his care or in the absence of the latter, without the consent of […].

The same penalty shall be imposed upon the parents who shall […] which their […] and […]. “

Answer 37

“Art. 277. Abandonment of minor by person entrusted with his custody; Indifference of parents.– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon anyone who, having charge of the rearing or education of a minor, shall deliver said mimnor to a public institution or other persons, without the consent of the one who entrusted such, child to his care or in the absence of the latter, without the consent of the proper authorities.

The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life requires and financial condition permits. “

Question 38

What are the elements of abandonment of minor by persons entrusted with his custody; indifference of parents (Art. 277)?

Answer 38

“The elements of abandonment of minor by persons entrusted with his custody; indifference of parents (Art. 277) are:

I. First Mode:

(1) That the offender has charge of the rearing or education of a minor;
(2) That he delivers said minor to a public institution or other persons;
(3) That 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.

II. Second Mode:

(1) That the offender is a parent;
(2) That he neglects his children by not giving them education;
(3) That his station in life requires such education and his financial condition permits it.”

Question 39

Art. 278

Answer 39

Art. 278 Exploitation of minors.

Question 40

“Art. 278. Exploitation of minors.– The penalty of prision correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon:

(1) Any person who shall cause any boy or girl under […] to perform any […], […], or […];
(2) Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall […] who are not his children or descendants.
(3) Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ any descendant of his under […] in such dangerous exhibitions.
(4) Any […] with the care of a child under sixteen (16) years of age who shall deliver such child […] to any person following any of the callings enumerated in paragraph 2 hereof, or to any […] or […].

If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its […].

In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be […], in the discretion of the court of their […].

(5) Any person who shall induce any child under […] to […] to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.”

Answer 40

“Art. 278. Exploitation of minors.– The penalty of prision correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon:

(1) Any person who shall cause any boy or gilr under sixteen (16) years of age to perform any dangerous feat of balancing, physical strenth, or contortion;
(2) Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen (16) years of age who are not his children or descendants.
(3) Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ any descendant of his under twelve (12) years of age in such dangerous exhibitions.
(4) Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen (16) years of age who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.

If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period.

In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived temporarily or perpetually, in the discretion of the court of their parental authority.

(5) Any person who shall induce any child under sixteen (16) years of age to abandon the home of its ascendants, guardians, curators or teacher to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.”

Question 41

Art. 280.

Answer 41

Art. 280. Qualified trespass to dwelling.

Question 42

“Art. 280. Qualified trespass to dwelling.– Any private person who shall […] against the latter’s […], shall be punished by arresto mayor and a fine not exceeding Two hundred thousand pesos (P200,000).

If the offense be committed by means of […], the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (200,000)

The provisions of this article shall not be applicable to any person who shall enter another’s dwelling for the […], nor shall it be applicable to any person who shall enter a dwelling for the purpose of […], nor to anyone who shall enter […].”

Answer 42

“Art. 280. Qualified trespass to dwelling.– Any private person who shall enter the dwellilng of another against the latter’s will, shall be punished by arresto mayor and a fine not exceeding Two hundred thousand pesos (P200,000).

If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (200,000)

The provisions of this article shall not be applicable to any person who shall enter another’s dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns and other public houses, while the same are open.”

Question 43

What are the elements of trespass to dwelling?

Answer 43

“The elements of trespass to dwelling (Art. 280) are:

(1) That the offender is a private person;
(2) That he enters the dwelling of another;
(3) That such entrance is against the latter’s will.”

Question 44

Can a public officer be prosecuted for qualified trespass to dwelling?

Answer 44

No, only private persons can be prosecuted with trespass to dwelling. If the offender is a public officer, the crime is violation of domicile (Art. 128).

Question 45

Art. 281.

Answer 45

Art. 281. Other forms of trespass.

Question 46

Art. 281. Other forms of trespass.– The penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000), or both shall be imposed upon any person who shall enter the […], while either or both of them are […], if the prohibition to enter be […] and the trespasser has not […].

Answer 46

Art. 281. Other forms of trespass.– The penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000), or both shall be imposed upon any person who shall enter the closed premises or the fenced estate of anothher, while either or both 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.

Question 47

What are the elements of other forms of trespass (Art. 281)?

Answer 47

“The elements of other forms of trespass (Art. 281) are:

(1) That the offender enteres the closed premises or the fenced estate of another;
(2) That the entrance is made while either of them is uninhabited;
(3) That the prohibition to enter be manifest;
(4) That the trespasser has not secured the permission of the owner or the caretaker thereof.”

Question 48

Art. 282.

Answer 48

Art. 282. Grave threats.

Question 49

“Art. 282. Grave threats. Any person who shall […] with the infliction upon the person,[…] of any wrong amounting to […] shall suffer:

(1) The penalty next lower in degree than that […], if the offender shall have made the threat demanding money or imposing […], […], and said offender shall […]. If the offender shall not have attained his purpose, the penalty lower by two (2) degrees shall be imposed.

If the threat be made in […], the penalty shall be imposed in its maximum period.

(2) The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) if the threat shall not have been made […]. “

Answer 49

“Art. 282. Grave threats. Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime shall suffer:

(1) The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two (2) degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

(2) The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) if the threat shall not have been made subject to a condition. “

Question 50

What are the elements of grave threats (Art. 282)?

Answer 50

“The elements of grave threats (Art. 282) are:

I. First mode:

(1) That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon 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;

II. Second Mode:

(1) That the first three elements above are present;
(2) That the offender does not attain his purpose;

III. Third Mode:

(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 the threat is not subject to a condition.”

Question 51

Art 283.

Answer 51

Art 283. Light threats.

Question 52

Art. 283. Light threats.– A threat to commit a wrong […], made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.

Answer 52

Art. 283. Light threats.– A threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.

Question 53

What are the elements of light threats (Art. 283)?

Answer 53

“The elements of light threats (Art. 283) are:

(1) That the offender makes a threat to commit a wrong;
(2) That the wrong does not constitute a crime;
(3) That there is a demand for money or that other condition is imposed even though not unlawful;
(4) That the offender has attained his purpose or, that he has not attained his purpose.”

Question 54

Art. 284. Bond for good behavior. – In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail […], or if he shall fail to give such bail, he shall be sentenced to destierro.

Answer 54

Art. 284. Bond for good behavior. – In all cases falling within the two next preceding articles, the person making the htreats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.

Question 55

In what cases may a person be required to give a bond not to molest another?

Answer 55

“A person may be required to give a bond not to molest another:

(1) When he threatens another under the circumstances mentioned in Art. 282; or
(2) When he threatens another under the circumstances mentioned in Art. 283.”

Question 56

“Art. 285. Other light threats.– The penalty of of arresto menor in its minimum period or a fine not exceeding Forty thousand pesos (P40,000) shall be imposed upon:

(1) Any person who, without being included in the provisions of the next preceding article, shall threaten another with a […], or draw such […], unless it be in […].
(2) Any person who, in the heat of anger, shall […], and who by subsequent acts show that he did not persist, in the idea involved in this threat: Provided, That the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.
(3) Any person who shall orally threaten to do another any harm […].”

Answer 56

“Art. 285. Other light threats.– The penalty of of arresto menor in its minimum period or a fine not exceeding Forty thousand pesos (P40,000) shall be imposed upon:

(1) Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense.
(2) Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist, in the idea involved in this threat: Provided, That the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.
(3) Any person who shall orally threaten to do another any harm not constituting a felony.”

Question 57

Art. 286.

Answer 57

Art. 286. Grave, coercions.

Question 58

“Art. 286. Grave, coercions.– The penalty of prision correccional and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any person who without any authority of law shall, by means of violence, threats, or intimidation, […], or […], whether it be […].

If the coercion be committed in violation of the exercise of […], or for the purpose of compelling another to […], or to prevent him from[…] or from so doing […] the penalty next higher in degree shall be imposed. “

Answer 58

“Art. 286. Grave, coercions.– The penalty of prision correccional and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any person who without any authority of law shall, by means of violence, threats, or intimidation, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.

If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose of compelling another to perform any religious act, or to prevent him from exercising such right or from so doing such act the penalty next higher in degree shall be imposed. “

Question 59

What are the elements of grave coercions?

Answer 59

“The elements of grave coercions (Art. 286) are:

(1) That a person prevented another from doinig something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong;
(2) That the prevention or compulsion be effected by violence, threats or intimidaton; and
(3) That 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.”

Question 60

Art. 287.

Answer 60

Art. 287. Light coercions.

Question 61

“Art. 287. Light coercions.– Any person who, by means of violence, shall […] for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than Fifteen thousand pesos (P15,000).

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from One thousand pesos (P1,000) to not more than Forty thousand pesos (P40,000) or both. “

Answer 61

“Art. 287. Light coercions.– ANy person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than Fifteen thousand pesos (P15,000).

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from One thousand pesos (P1,000) to not more than Forty thousand pesos (P40,000) or both. “

Question 62

What are the elements of light coercions (Art. 287)?

Answer 62

“The elements of light coercions (Art. 287) are:

(1) That the offender must be a creditor;
(2) That he seizes anything belonging to his debtor;
(3) That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation;
(4) That the purpose of the offender is to apply the same to the payment of the debt.”

Question 63

Art. 288.

Answer 63

Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.)

Question 64

“Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.)– The penalty of arresto mayor or a fine ranging from Forty thousand pesos (P40,000) to One hundred thousand pesos (P100,000), or both, shall be imposed upon any person, […] who shall force or compel, directlly or indirectly, or shall knowingly permit any […] to be forced or compelled, to […].

The same penalties shall be imposed upon any person who shall […], by means of […], unless […]. “

Answer 64

“Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.)– The penalty of arresto mayor or a fine ranging from Forty thousand pesos (P40,000) to One hundred thousand pesos (P100,000), or both, shall be imposed upon any person, agent or officer of any association or corporation who shall force or compel, directlly or indirectly, or shall knowingly permit anny laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.

The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by the laborer or employee. “

Question 65

What are the elements of other similar coercions (Compulsory purchase of merchandize and payment of wages by means of tokens) (Art. 288)?

Answer 65

“The elements of other similar coercions (Compulsory purchase of merchandise and payment of wages by means of tokens) (Art. 288) are:

I. First Mode:

(1) That the offender is any person, agent or officer of any association or corporation;
(2) That he or such firm or corporation has employed laborers or employees;
(3) That 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 merchandize or commodities of any kind from him or from said firm or corporation.

II. Second Mode:

(1) That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects;
(2) That those tokens or objects are other than the legal tender currency of the Philippines;
(3) That such employee or laborer does not expressly request that he be paid by means of tokens or objects.”

Question 66

Art. 289.

Answer 66

Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats.

Question 67

Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats.– The penalty of arresto mayor and a fine not exceeding Sixty thousand pesos (P60,000) shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions of capital or labor, strike of laborers or lock-out of employers, shall employ […] in such a degree as to […], if the act shalll not constitute a more serious offense in accordance with the provisions of this Code.

Answer 67

Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats.– The penalty of arresto mayor and a fine not exceeding Sixty thousand pesos (P60,000) shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions of capital or labor, strike of laborers or lock-out of employers, shall employ violence or threats in such a degree as to compel or force the laborers or employees in the free and legal exercise of their industry or work, if the act shalll not constitute a more serious offense in accordance with the provisions of this Code.

Question 68

What are the elements of Formation, maintenance and prohibition of combination of capital or labor through violence or threats?

Answer 68

“The elements of formation, maintenance and prohibition of combination of capital or labor through violence or threats (Art. 289) are:

(1) That the 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) That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers. “

Question 69

What are the crimes called discovery and revelation of secrets?

Answer 69

“The crimes called discovery and revelation of secrets are:

(1) Discovering secrets through seizure of correspondence. (Art. 290);
(2) Revealing secrets with abuse of office. (Art. 291);
(3) Revealing of industrial secrets (Art. 292)”

Question 70

Art. 290.

Answer 70

Art. 290. Discovering secrets through seizure of correspondence.

Question 71

“Art. 290. Discovering secrets through seizure of correspondence.– The penalty of prision correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon […] who in order to […], shall seize his […].

If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000).

This provisions shall not be applicable to […] with respect to the papers or letters of the children or minors placed under their care or custody nor to […] with respect to the papers or letters of either of them.”

Answer 71

“Art. 290. Discovering secrets through seizure of correspondence.– The penalty of prision correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any private individual who in order to discover secrets of another, shall seize his papers or letters and receal the contents thereof.

If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000).

This provisions shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or custody nor to spouses with respect to the papers or letters of either of them.”

Question 72

What are the elements of discovering secrets through seizure of correspondence (Art. 290)?

Answer 72

“The elements of discovering secrets through seizure of correspondence (Art. 290) are:

(1) That the offender is a private individual or even a public officer not in the exercise of his official function;
(2) That he seizes the papers or letters of another;
(3) That the purpose is to discover the secrets of such another person;
(4) That the offender is informed of the contents of the papers or letters seized. “

Question 73

Art. 291.

Answer 73

Art. 291. Revealing secrets with abuse of office.

Question 74

Art. 291. Revealing secrets with abuse of office.– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon […] who, in such capacity, shall […] and shall […].

Answer 74

Art. 291. Revealing secrets with abuse of office.– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any manager, employee or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets.

Question 75

What are the elements of revealing secrets with abuse of office (Art. 291)?

Answer 75

“The elements of revealing secrets with abuse of office (Art. 291) are:

(1) That the offender is a manager, employee, or servant;
(2) That he learns the secrets of his principal or master in such capacity;
(3) That he reveals such secrets.”

Question 76

Art. 292.

Answer 76

Art. 292. Revelation of industrial secrets.

Question 77

Art. 292. Revelation of industrial secrets.– The penalty of prision correccional in its minimum and mediuim periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon the […], […] of any manufacturing or industrial establishment who, to the […] thereof, shall […] of the latter.

Answer 77

Art. 292. Revelation of industrial secrets.– The penalty of prision correccional in its minimum and mediuim periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon the person in charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter.

Question 78

What are the elements of revelation of industrial secrets (Art. 292)?

Answer 78

“The elements of revelation of industrial secrets (Art. 292) are:

(1) The the offender is a person in charge, employee or workman of a manufacturing or industrial establishment;
(2) That the manufacturing or industrial establishment has a secret of the industry which the offender has learned;
(3) That the offender reveals such secrets;
(4) That prejudice is caused to the owner. “