TITLE NINE

CRIMES AGAINST PERSONAL

LIBERTY AND SECURITY
Crimes against persoonal liberty and security
 Kidnapping and Serious Illegal Detention
 Slight Illegal Detention
 Unlawful arrest
 Kidnapping and failure to return a minor
 Inducing a minor to abandon his home
 Slavery
 Services rendered under compulsion in payment of debts
 Abandonment of persons in danger and abandonment of one’s own victim
 Abandoning a minor
 Abandonment of minor by persons entrusted with his custody; indifference of
parents
 Trespass to dwelling
 Other forms of trespass
 Grave threats
 Light threats
 Other light threats
 Grave coercion
 Light coercion 2
KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION
1. Offender is a Private individual or a Public Officer who
has no duty under the law to detain a person;
2. He Kidnaps or detains another, or in any other manner
deprives the latter of his liberty;
3. Detention or kidnapping is Illegal; and
4. In the commission of the offense, any of the following
circumstances is present:

a. Kidnapping lasts for More than 3 days;

b. It is committed Simulating public authority;
c. Any Serious physical injuries are inflicted upon the person
kidnapped or detained or Threats to kill him are made; or
d. Person kidnapped or detained is a Minor, Female, or a
Public officer.

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Qualifying Circumstances:
▪ 1. Purpose 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 victim is subjected to
Torture or dehumanizing acts.

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Ransom
▪ Means money, price or consideration paid
or demanded for the redemption of a
captured person that would release him
from captivity.

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Special Complex Crime of
Kidnapping with Homicide
▪ Where the person kidnapped is killed in the
▪ course of the detention, regardless of
whether the killing was purposely sought or
was merely an afterthought, the crime is a
special complex crime and the maximum
penalty shall be imposed
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Slight Illegal
Detention
1. Offender is a Private individual;
2. He Kidnaps or detains another, or in any
other manner deprives him of his liberty.
3. Kidnapping or detention is Illegal; and
4. Crime was committed Without the
attendance of any of the circumstances
enumerated in Article 267.

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Unlawful Arrest
▪ 1. Offender Arrests or detains another
person;
▪ 2. Purpose of the offender is to Deliver
him to the proper authorities; and
▪ 3. Arrest or detention is Not authorized
by law or there is no reasonable
ground therefor.

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Kidnapping and
Failure to Return a
Minor
▪ 1. Offender is Entrusted with the
custody of a minor person (under 18
years of age)
▪ 2. He Deliberately fails to restore the
said minor to his parents or guardians

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Inducing a Minor to
Abandon His Home
▪ 1. Minor (under 18) is living in the
home of his parents or guardians or
the person entrusted with his
custody; and
▪ 2. Offender Induces said minor to
abandon such home.

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Minor Need Not
Actually Abandon
his Home
▪ The minor should not leave his home of his own
free will. What constitutes the crime is the act of
inducing a minor to abandon the home of his
guardian, and it is not necessary that the minor
actually abandons the home.
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Services Rendered Under
Compulsion in Payment of
Debt
Punishable Acts
▪ 1. Offender compels a debtor to work
for him, either:
▫ a. As a Household servant; or
▫ b. Farm Laborer;
▪ 2. It is Against the debtor’s will;
▪ 3. Purpose is to require or enforce
Payment of a debt.

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Abandonment of Persons in
Danger and Abandonment of
Own Victim
▪ 1. Failing to render assistance to any person whom the
offender finds 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. Failing to help or render assistance to another whom
the offender has Accidentally wounded or injured;
▪ 3. Failing to deliver a Child, under seven years of age,
whom the offender has found abandoned, to the
authorities or to his family, or by failing to deliver him to
a safe place.

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Abandoning a Minor
▪ 1. Offender has the Custody of a
child;
▪ 2. Child is under Seven years of age;
▪ 3. He Abandons such child; and
▪ 4. He has No intent to kill the child
when the latter is abandoned.

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Qualifying Circumstances:
▪ 1. When the Death of the minor
resulted from such abandonment; or
▪ 2. If the life of the minor was in
Danger because of the
abandonment.

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Abandonment
▪ Permanent, conscious and deliberate
▪ abandonment is required. Abandonment is not
▪ the momentary leaving of a child but is a
deprivation of care and protection from danger
▪ to his person.
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Abandonment of Minor by
Person Entrusted With
Custody; Indifference of
Parents
1. Delivering a minor to a public institution
or other persons without the consent of
the one who entrusted such minor to the
care of the offender or, in the absence of
that one, without the consent of the proper
authorities;

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 Elements
a. Offender was in charge of the Rearing
or education of a minor;
b. He Delivers said minor to a public
institution or other persons; and
c. No Consent was obtained from the one
who entrusted such child to the offender;
or if such person is absent, the proper
authorities have not consented to it.
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2. Neglecting his (offender’s) children by
not giving them the Education which
their station in life requires and financial
condition permits

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 Elements
a. Offender is a Parent;
b. He neglects his children by not giving
them Education; and
c. His Station in life requires such
education and his financial condition
permits it.

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Qualified Trespass to
Dwelling
▪ 1. Offender is a Private person;
▪ 2. He Enters the dwelling of
another; and
▪ 3. Such entrance is against the
latter’s Will.

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Prohibition
Required
▪ Prohibition must be in existence
▪ prior to or at the time of entrance.
▫ EXCEPTION: Prohibition is not necessary when
▫ violence or intimidation is employed by the
▫ offender
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What is Not
Considered
Trespass
▪ 1. Entrance to another’s dwelling made for the purpose of
Preventing some serious harm to himself, the occupants of the
dwelling, or a third person.
▪ 2. If the purpose is to render some Service to humanity or
justice.
▪ 3. If the place where entrance is made is a Café, tavern, inn,
and other public house, while the same are open.
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Other Forms of
Trespass
1. Offender enters the Closed premises
or the fenced estate of another;
2. Entrance is made while either of
them is Uninhabited;
3. Prohibition to enter is manifest; and
4. Trespasser has Not secured the
permission of the owner or the
caretaker thereof.

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Grave Threats
1. Threatening another with the infliction upon his
person, honor or property or that of this family of any
wrong amounting to a crime and demanding money or
imposing any other condition, even though not
unlawful, and the offender Attained his purpose;
2. Making such threat Without the offender attaining
his purpose;
3. Threatening another with the 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.

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Qualifying
Circumstance:
▪ If the threat was made in writing or through a
▪ middleman, penalties imposed will be that of
▪ the maximum period

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Light Threats
1. Offender makes a Threat to commit a
wrong;
2. Wrong does Not constitute a crime;
3. There is a Demand for money or that
other condition is imposed, even though
not unlawful; and
4. Offender has Attained his purpose or,
that he has Not attained his purpose

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Other Light Threats
1. Threatening another with a Weapon;
2. Drawing such weapon in a quarrel, unless
it be in lawful self-defense;
3. Orally threatening another, in the heat of
Anger, with some harm constituting a
Crime, without persisting in the idea
involved in his threat; and
4. Orally threatening to do another any harm
not constituting a felony.

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Grave Coercions
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Light Coercions
1. Offender must be a Creditor;
2. He Seizes anything belonging to his
debtor;
3. Seizure of the thing is accomplished by
means of Violence or a display of material
force producing intimidation; and
4. Purpose of the offender is to Apply the
same to the payment of the debt.

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CASE SUMMARIES
1. PEOPLE OF THE PHILIPPINES VS. ARMANDO BUEZA (G.R. No.
242513, November 18, 2020)
ISSUE: Whether or not Bueza liable for grave threats
2. PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZALDY
BERNARDO (G.R. No. 242696, November 11, 2020 )
ISSUE: What was the crime committed?

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FORMAT
a. Case details
b. Facts
c. Issue
d. SC Ruling
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