TITLE NINE: Crimes Against Personal Liberty And Security

Question 1

What are the crimes against personal liberty?

Answer 1

Sec 1. Illegal detention

1. 1 kidnapping and serious illegal detention
2. 2 slight illegal detention
3. 3 unlawful arrest

Sec 2. Kidnapping of minors

2. 1 kidnapping and failure to return a minor
3. 2 inducing a minor to abandon his home

Sec 3. Slavery and servitude

3. 1 slavery
4. 2 exploitation of child labor
5. 3 services rendered under compulsion in payment of debt

Question 2

What are the crimes against security?

Answer 2

Sec 1 abandonment of helpless persons and exploitation of minors
1.1 abandonment of persons in danger and abandonment of one’s own victim
1.2 abandoning a minor
1.3 abandonment of minor by person entrusted with his custody; indifference of parents
1.4 exploitation of minors
Sec 2 trespass to dwelling
2.1 qualified trespass to dwelling
2.2 other forms of trespass

Sec 3. Threats and coercion

3. 1 grave threats
4. 2 light threats
5. 3 other light threats
6. 4 grave coercions
7. 5 light coercions
8. 6 other similar coercions
   * Discovery and revelation of secrets
9. Formation maintenance and prohibition of combination of capital or labor through violence or threats
10. Discovering secrets through seizure of correspondence
11. Revealing secrets with abuse of office
12. Revelation of industrial secrets

Question 3

Art 267 kidnapping and serious illegal detention penalty

• kidnap or detain another
• in any other manner deprive him of his liberty

Answer 3

1. Reclusion perpetua to death if the following circumstances are present:

+if kidnapping or detention lasted > 3 days
+committed by simulating public authority SPA
+serious physical injuries inflicted and threats to kill have been made
+person kidnapped or detained: minor XPN: if accused-any of the parents, female or a public officer

2. Death if the purpose was for extorting ransom from the victim or any other person if none of the 4 circumstances above are present
3. Maximum penalty if the victim was raped, subjected to torture or dehumanizing acts.

Question 4

Kidnapping and serious illegal detention (267) elements

Answer 4

+offender is a private individual ( XPN: public officer w/ o duty to detain e.g sanitary inspector, clerk in govt office)
+ kidnaps or detains another or in any other manner deprives the latter of his liberty
+the detention or kidnapping must be illegal
+that the 4 circumstances are present in the commission of the offense

Question 5

Penalty if the victim is a minor and the accused us any of the parents

Answer 5

Arresto mayor art (271 par 2)

Question 6

Essential element in the crime of kidnapping

Answer 6

+Intention to deprive the victim of his liberty for purpose of extorting ransom
+detention or locking up of victim is essential in illegal detention
+restriction on the person of the OP
+actual confinement
+no freedom to leave

• actual demand for ransom is not necessary as long as the kidnapping or detention was committed.
• lack of motive to kidnap releases the accused from liability

Question 7

Carrying away of the victim in kidnapping can be made forcibly or fraudulently

What is controlling is the act of detaining the victim against his will after&raquo_space;>

Answer 7

+victim need not be taken forcibly
+the fact that the victim voluntarily went does not remove the element pf deprivation of liberty if he was falsely induced

Question 8

Detention is illegal when:

Answer 8

\+not ordered by competent authority
\+not permitted by law
\+not justified
\+no injury or disturbance of a right was intended or resulted
\+done without just cause