CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Title Nine

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One

CRIMES AGAINST LIBERTY

 
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, female or a public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting 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(RA 7659 12/31/1993)

Elements

1.      That the offender is a private individual

2.      That he kidnaps or detains another, or in any other manner deprives the latter of his liberty

3.      That the bact 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 last 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 threat to kill him are
made; or

d.      That the person kidnapped or detained is a mino, female, or a public officer(PP vs mercado)

Note

If the offender is a public officer, the crime is arbitrary detention

The public officer must have a duty under the law to detain a person, such as Constabulary soldier.
If the victim is a minor and the accused is a parent that is provided for in Art 271 par 2 – arresto mayor or a fine not
exceeding P300, or both.

Must there be actual demand for ransom for the “purpose of extorting ransom” actual damage for ransom is not
necessary

Detention or locking up victim is essential (PP VS CHING SUY SIONG, et al.)

It is essential in the crime of illegal detention that there be actual confinement or restriction of the person of the
offended party (US VS CABANAG)

Restraint need not be permanent

The detention must be illegal –third element

The detention here is legal to a certain extent, because even a private person can arrest one who commits a crime in
his presence

If there is ransom the three days deprivation is not necessary.

Retrain of robber is not illegal detention

No more complex crime of kidnapping with murder because of RA 7659 but shall be punish as a special complex
crime

Qualifying Circumstances the offence

1.      The purpose of the kidnapping or detention is to extort ransom from the victim or any other person. Even none
of the circumstances mentioned in Art 267 (penalty of death)

2.      Death is imposed as single penalty, regardless of the presence and number of ordinary mitigating
circumstances. ART 63par1

3.      If the offender is 16-18 privileged mitigating circumstance, the penalty may be lowered by one degree.

Ransom

–        compel the victim to fulfill his promise of defraying hospital expenses of one Hayam

–        a payment that releases from captivity

–        The accused demanded and received money as a requisite for releasing a person from captivity, whatever
other motive may have compelled them to do so the money is still ransom under the law.

When maximum of the penalty is imposed

            The maximum penalty shall be death

1.      If the purpose of kidnapping or detention is to extort ransom;

2.      When the victim is killed or dies as a consequence of the detention

3.      When the victim is raped

4.      When the victim is subjected to torture or dehumanizing act

5.       

Illegal detention – is committed by a private individual who unlawfully kidnaps, detains, or otherwise deprive a person
of liberty. Crime against personal liberty and security

 Arbitrary detention – Is committed by a public officer who detain a person without legal ground crime against
fundamental law of the state.
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 circumstances
enumerated therein.

The same 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 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 medium periods and a fine not
exceeding seven hundred pesos. (RA 18)

Elements

1.      That the offender is a private individual

2.      That he kidnaps or detains another, or 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 circumstances enumerated in art 267

Liability of accomplice it is lower than the principal.

Privilege mitigating circumstance

1.      Voluntary releases the person so kidnapped or detained within three days from the commencement of the
detention

2.      Without having attained the purpose intended

3.      Before the institution of criminal proceedings against him, his liability is mitigated.

Note

When kidnapping occurs it should be there is still ways to prolong it detention

That the proceedings have not yet been instituted

That the three privilege mitigating circumstances must concur.

PP vs Akiran

-          Akiran the creditor detain the debtor his release until he pay his obligation

-          The SC rule that the payment of his obligation is considered as kidnapping (Serious Illegal Detention w/
ransom)  

When you furnishes a place for the offended party

The person is accomplice

But he penalty is principal slight illegal detention

Art. 269. Unlawful arrest. — The penalty of arresto mayor and a fine not exceeding 500 pesos 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.
Elements

1.      That the offender arrests or detains another person

2.      That the purpose of the offender is to deliver him to proper authorities

3.      That the arrest or detention is not authorized by law or there is no reasonable ground therefor.

Note

Any person applies to public officer.

Under Sec 6 Rule 113 RRCP, a private person may arrest an individual without warrant under circumstances when
public officer can make arrest. And the purpose is to deliver the person arrested to the proper authorities.

If it is an officer with authority it is arbitrary detention ART 124

Else

Unlawful arrest Art 269

Section Two. — Kidnapping of minors

 
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.(RA 18)

Elements:

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)

2.      That he deliberately fails to restore the said minor to his parents or guardians.

PP vs Marquez- he borrowed the child and did not return it as she promise

Art. 271. Inducing a minor to abandon his home.  — The penalty of prision correccional and a fine not exceeding
seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or
guardians or the persons entrusted with his custody.

If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of
the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both.

Elements

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.

Note

The inducement must be actual, committed with criminal intent and determined by a will to cause damage.

Shall induce a minor to abandon the home.

Even though the child did not abandon but you induce him.
The minor should not leave his home in his own free will

PP vs Paalam when they left it was not inducing because he was mere saying that manila is a beautiful place.

Chapter Four

ABDUCTION

Abduction

–        is meant the taking away of a woman from her house or the place where she may be for the purpose of
carrying her to another place with intent to marry or corrupt her.

–        The act of the offender is violative of the individual liberty of the abducted, her honor and reputation, and of
public order(Us. Vs De vivar) 

 
Art. 342. Forcible abduction. — The abduction of any woman against her will and with lewd designs shall be punished
by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

Elements

1.      That the person abducted is any woman, regardless of her age, civil status, or reputation.

2.      That the abduction is against her will.

3.      That the abduction is with lewd design. (Pagnanasa)

Note

The virginity of the offended woman is not an essential element of the crime forcible abduction (PP vs Tores)

If the female is under 12 the crime of forcible abduction even if she voluntarily goes with the abductor

Sexual intercourse is not necessary in forcible abduction

Complex crime of forcible abduction with rape Art 266-A in relation to Art 335 and 342

Crime against chastity were age and reputation of victim are immaterial

1.      Rape;

2.      Act of lasciviousness against the will or without the consent of the offended party.

3.      Qualifies seduction of sister or descendant

4.      Forcible abduction

Select forcible abduction or rape

Attempted forcible abduction

1.      Robbery with Homicide

2.      Robbery with Rape

3.      Kidnapping w/ Serious Physical Injury

4.      Kidnapping w/ Murder

5.      Robbery with Homicide

6.      Kidnapping w/ rape

Rule 110 sec 8 and 9 R.R.C.P.

PP vs Cabalqunito – in rape case the true name of the victim is not written

PP vs Mateo – all criminal cases or civil case shall be put to the Court of appeals before the Supreme Court

Pp vs Jeffrey Garcia

-          A crime that the girl was abducted and rape by 4 men.

-          Case : Forcible Abduction with rape and 3 counts of rape

-          Aggravating (Night time, motor vehicle, superior strength )

PP vs Felipe Mirandilla Jr.

Felipe have HIV which is gonorrhea

RTC

1.      Kidnapping w/ rape

2.      4 count of rape

3.      Rape with sexual assault

CA

1.      Kidnapping w/rape

2.      4 count of rape

3.      Special Complex crime of kidnapping w/ rape

SC

1.      Special Complex Crime of kidnapping w/ rape

Madsali vs PP

2 separate rape

1.      Forcible abduction w/ rape          

2.      Serious Illegal Detention w/ rape

(Crime against Liberty)

No Double jeopardy

Guilty of two offence

(Human Trafficking Law RA 7610)

Section Three. — Slavery and servitude

Art. 272. Slavery. — The penalty of prision mayor and a fine of not exceeding 10,000 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.

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, under 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.

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.

Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents. — The penalty of
arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who, having charge of the rearing
or education of a minor, shall deliver said minor 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 require and financial conditions permit.

Art. 278. Exploitation of minors. — The penalty of prision correccional in its minimum and medium periods and a fine
not exceeding 500 pesos shall be imposed upon:

1. Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing,
physical strength, 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 years of age who are not his
children or descendants.

3. Any person engaged in any of the callings enumerated in the next paragraph preceding who shall employ any
descendant of his under twelve 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 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 years of age to abandon the home of its ascendants,
guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof,
or to accompany any habitual vagrant or beggar.

Art. 279. Additional penalties for other offenses. — The imposition of the penalties prescribed in the preceding
articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined
and punished by this Code.
 

Section Two. — Trespass to dwelling

 
Art. 280. Qualified trespass to dwelling. — Any private person who shall enter the dwelling of another against the
latter's will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos.

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 1,000 pesos.

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, inn and other public houses, while the same are open.

Elements

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

Circumstances qualifying: the offense by means of violence or intimidation, the penalty is higher.

Dwelling – place as used in this article, means any building or structure exclusively devoted for rest and comfort, as
distinguished from places devoted to business, offenses, etc.

Trespass by means of violence

1.      Pushing the door violently and maltreating the occupants after entering

2.      Cutting of a ribbon or string with which the door latch of  closed room was fastened. The cutting of
thefasternings of the door was an act of violence

3.      Wounding by means of bolo, the owner of the house immediately after entrance  

Trespass by means of intimidation

1.      Firing a revolver in the air by persons attemting to force their way into a house

2.      The flourishing of a bolo against inmates of the house upon gaining entrance

PP vs de Piralta- union president, it is not separate that entrance is effected against the will is effected without the
knowledge against or not.

US vs Flemister – this is when the offender had wrongly entered the salla when he box a person and the case was
dismiss because of wrong prosecution
US vs dionisio and Del Rosario – two storey building and they extortion the owner when they found the shabu was in
other room when they ask to see the other room.

Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall
be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or
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.

Elements

1.      That the offender enters 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.

Premises – signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either
case, locality is fixed.

Section Three. — Threats and coercion

 
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 be 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
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 500 pesos, if the threat shall not have been made subject to
a condition.

Act punishable as grave treat

1.      By threatening another with the infliction upon his person honor or property or that his family of any wrong
amounting to a crime and demanding money or imposing any another condition, even though not unlawful, and the
offender attained his purpose (1 DEGREE LOWER)

2.      By making such treat without the offender attaining his purpose (2 DEGREE LOWER)

3.      By threatening another with infliction upon his person, honor or property or that of his family of any wrong
amounting to a crime, the threat not being subject to a condition (PRISON MAYOR & 500 PESOS)

Paera vs People – grave threat is consummated as soon as the threat comes to the knowledge of the person
threaten. Because Paera fought to a woman because of water and he was the Barangay captain and he run after the
woman and meet the husband of the woman and uttered again and a the woman run and meet an old man and again
threaten the old man

It shall be complex crime of grave threat when you uttered or scared a person all together.
Art. 283. Light threats. — Any 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.

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 pupose.

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 not to molest the person threatened, or if he shall fail to give such bail, he
shall be sentenced to destierro.

Art 284 is applicable only to cases of grave treat and light treats.

Note

If can’t provide a bond he shall be imprisoned  not exceeding six months (if prosecuted for grave and less grave
felony) or not exceeding 30 days (if prosecuted for light felony) if he fails to give a bail, he shall be sentenced to
Destierro.

Art. 285. Other light threats. — The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos
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 his 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.

Acts punished as other light threats

1.      By threatening another with a weapon, or drawing such weapon in a quarrel, unless it be in lawful self-defense

2.      By orally threatening another, in the heat of anger, with some harm (not) constituting a crime, without persisting
in the idea involved in his threat.

Note: the word not in this paragraph is enclosed in parentheses, because the inclusion of the word in par 2 of art 285
is a mistake

3.      By orally threatening to do another any harm not constituting a felony.

Two act punished in par1

1.      Threatening another with a weapon, even if there is no quarrel;

2.      Drawing a weapon in quarrel, which is not a lawful self-defense.

Art. 286. Grave coercions. — The penalty of prison correctional and a fine not exceeding 6,000 pesos shall be
imposed upon any person who, without authority of law, shall, by means of violence, 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 the purpose of compelling another
to perform any religious act or to prevent him exercising such right or from so doing such act, the penalty next higher
in degree shall be imposed. (As amended by RA 7890 which took effect on 20 February 1995)

Two ways of committing grave coercion

1.      By preventing another, by means of violence, treats or intimidation, from doing something not prohibited by law.

2.      By compelling another, by means of violence, threat or intimidation to do something against the will, whether it
be right or wrong.

Element

The three elements of the crime of grave coercion are:

1.      That the person prevented another from doing 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, threat or intimidation

3.      That the person that restrained the will and liberty of another had not the authority or the right to do so, or in
other words that the restraints shall not be made under authority of law in the exercise of any lawful right.

If the act was already done when violence is exerted the crime is unjust vexation

When prison mayor shall be imposed

1.      If the coercion is commuted in violation of the exercise of the right of suffrage.

2.      If the coercion is committed to compel another to perform any religious act

3.      If the coercion is committed to prevent another from performing any religious act.

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 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200
pesos, or both.

Elements

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.

Note

If the person seize anything belonging means of violence to hold it merely as security for the payment of the debt art
287 par1 is not applicable
Taking possession of the thing belonging to the debtor, through deceit and misrepresentation, for the purpose of
applying the same to the payment of the debt, unjust vexation under par2

Unjust vexation – includes any human conduct which, although not productive of some physical or material harm
would, however, unjustly annoy or vex an innocent person.

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 200 to 500 pesos, or both, shall be imposed upon any person,
agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly
permit any 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 laborer or employee.

Acts

1.      By forcing or compelling, directly or indirectly, or knowing permitting the forcing or compelling of the laborer or
employee of the offender to purchase merchandise or commodities of any kind from him.

2.      By paying the wages due his laborer or employee by means of tokens or object other than the legal tender
currency of the Philippines, unless expressly requested by such laborer or employee.

Elements of no 1

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 employee

3.      That he forces or compels, directly or indirectly, or knowing permits to be forced or compelled, any of his or its
laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation.

General rule, wages shall be paid in legal tender and use of tokens, promissory notes, vouchers, coupons, or any
other form alleged to represent tender is absolutely prohibited even when expressly requested by the employee (Sec
1, Rule III, Book III, omnibus rules Implementing the labor code). No employer shall limit or otherwise interfere with
the freedom of any employee to dispose his wages.

He shall not in any manner force, compel, oblige his employer or from any other person (Art 112, labor Code).

Art 116 labor code not under RPC – inducing employee to give up any part of hi wage by force, stealth, intimidation or
by any other means is unlawful.

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 300 pesos shall be imposed upon any person who, for the
purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of
employees, shall employ 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, if the act shall not constitute a more serious offense in accordance
with the provisions of this Code.

Elements

1.      That the offender employs violence or intimidation or threats, in such a degree as to compel or force the laborer
or employers in the free and legal exercise of their industry or work.

2.      That the purpose is to organize, maintain or prevent coalition of capital or labor, strike of laborer or lockout of
employee.
Preventing employee from joining any registered labor organization is punished under the labor code not under the
Revised Penal Code

Unfair labor practice

1.      To interfere with, restrain or coerce employees in the exercise of their right to self-organization

2.      To require as a condition of employment that a person or an employee shall not join a labor organization or
shall withdraw from one to which he belongs.

Art 248 Labor Code

Unfair labor practice shall be punished by a fine of not less than one thousand pesos (P 1,000.00) nor more than ten
thousand pesos (P 10,000.00), or imprisonment of not less than three months nor more than three years, or both
such fine and imprisonment, at the discretion of the court (Art 288 Labor Code)