Title IX: Crimes Against Personal Liberty and Security Flashcards

Question

What are the elements of exploitation of child labor?

Answer 1

"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. "

Answer 2

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

Answer 3

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.

Answer 4

"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."

Answer 5

"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)."

Answer 6

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

Answer 7

"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."

Answer 8

"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."

Answer 9

Art. 276. Abandonging a minor.

Answer 10

"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."

Answer 11

"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. "

Answer 12

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

Answer 13

"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. "

Answer 14

"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."

Answer 15

Art. 278 Exploitation of minors.

Answer 16

"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."

Answer 17

Art. 280. Qualified trespass to dwelling.

Answer 18

"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."

Answer 19

"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."

Answer 20

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).

Answer 21

Art. 281. Other forms of trespass.

Answer 22

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.

Answer 23

"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."

Answer 24

Art. 282. Grave threats.

Answer 25

"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. "

Answer 26

"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."

Answer 27

Art 283. Light threats.

Answer 28

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.

Answer 29

"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."

Answer 30

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.

Answer 31

"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."

Answer 32

"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."

Answer 33

Art. 286. Grave, coercions.

Answer 34

"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. "

Answer 35

"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."

Answer 36

Art. 287. Light coercions.

Answer 37

"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. "

Answer 38

"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."

Answer 39

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

Answer 40

"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. "

Answer 41

"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."

Answer 42

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

Answer 43

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.

Answer 44

"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. "

Answer 45

"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)"

Answer 46

Art. 290. Discovering secrets through seizure of correspondence.

Answer 47

"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."

Answer 48

"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. "

Answer 49

Art. 291. Revealing secrets with abuse of office.

Answer 50

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.

Answer 51

"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."

Answer 52

Art. 292. Revelation of industrial secrets.

Answer 53

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.

Answer 54

"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. "