CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter I - Crimes Against Liberty

Section One - Illegal Detention

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

five 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.

Elements:
1. That the offender is PRIVATE individual

Applicable Provision
Private Individual Article 267 (Kidnapping and
Serious Illegal Detention
Public Officer with Arbitrary Detention
custody
Public Officer without Article 267 (Kidnapping and
custody Serious Illegal Detention

2. That he kidnaps or detains another, or in any other manner deprives

the latter of his liberty
- the purpose to deprive the victim of his liberty for the purpose
of extorting ransom on the part of the accused is essential of the
crime of Kidnapping. The deprivation of the liberty must not be
incidental.
- May be forcibly or fraudulently
- actual demand and actual payment for ransom is not
necessary, for as long as it the purpose.
- there must be actual detention or locking up.
- it is not necessary that the victim be placed in an inclosure but
also in any other manner detaining him or depriving him of his liberty.
- there is deprivation of liberty when the child has freedom of
locomotion but no freedom to leave at will.
- the detention or deprivation of liberty need not be permanent.

3. The act of detention or kidnapping must be illegal.

 - it is Illegal when not ordered by a competent authority or not
permitted by law.
- when one commits a crime in a private person’s presence
(citizen’s arrest) the detention is legal as to a certain extent.
- restraint by robbers is not illegal detention when the purpose is
to delay or prevent assistance being rendered by the authorities.

4. That in the commission of the offense, any of the following

circumstance 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 public
officer.

Other circumstances

Circumstances Effect/applicable provisions

When the victim is a minor and Inducing Minor to abandon his
the accused is any of the parents home
When the circumstances in Art. Purpose is immaterial
267 are present
Victim is taken from one place to Murder
another solely for the purpose of
killing him
Offender took the victim with Complex crime of abduction with
lewd designs rape

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.

Elements:
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 committed without the attendance of any of the
circumstances enumerated in Art. 267.
Art. 269. Unlawful arrest. — The penalty of arresto mayor and
a fine not exceeding 100,000 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. (private
individual or a public officer)
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
re===asonable ground therefor.
(Applies only to warrantless arrest)

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.

Elements:
1. That the offender is entrusted with the custody of a minor person.
2. That he deliberately fails to restore the said minor to his parents or
guardians.

Art. 271. Inducing a minor to abandon his home. — The penalty

of prision correccional and a fine not exceeding 100,000.00
pesos shall be imposed upon anyone who shall induce a minor
to abandon the homeof 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 forty thousand pesos, or both.

Elements:
1. That a minor 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.
- Actual abandoment is not necessary.
- the minor should not leave his home in his free will.

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.
Elements:
1. That the offender purchases, sells, kidnaps or detains a human
being.
2. That the purpose of the offender is to enslave such human being.

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.

Elements:
1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
- if the minor consents to the offender’s retaining his services,
there is no violation of this article.
- the existence of an indebtedness constitutes no legal
justification for holding a person and depriving him of his freedom
to live where he wills.
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.

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.

Chapter Two

CRIMES AGAINST SECURITY

Section One. — Abandonment of helpless persons and

exploitation of minors.

Art. 275. Abandonment of person in danger and abandonment

of one's own victim. — The penalty of arresto mayor shall be
imposed upon:

1. Any one 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 to his family, or shall fail to take him to a
safe place.

Elements of Par.1 Failing to Render Assistance:

1. The place is not inhabited (uninhabited place is a place where a
person cannot seek help).
2. The accused found there a person wounded or in danger of dying.
3. The accused can render assistance without detriment to himself.
4. The accused fails to render assistance.

Par. 2 Failing to render assistance to the victim whom the accused has
accidentally wounded or injured is applicable in Hit-and-run cases.

Par. 3. By failing to deliver a child, under seven (7) years of age whom
the offender has found abandoned, to the authorities or to his family,
or by failing to take him to a safe place.
- it is immaterial that the offender did not know that the child is
under seven years
 -it applies to a lost child
 - The child under seven years of age must be found by the
accused in an unsafe place

Art. 278. Exploitation of minors. — The penalty of prision

correccional inits minimum and medium periods and a fine not
exceeding 100,000.00 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.

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
200,000 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
200,000 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.

Applicable Provision
Private individual Qualified trespass to dwelling
Public officers in his private Qualified trespass to dwelling
capacity
2. That Public officers Violation of Domicile
he
enters the dwelling of another.
- Dwelling place - means any building or structure exclusively
devoted for rest and comfort, as distinguished from places devoted
to business, offices, etc.
- Whether a building is a dwelling house or not depends upon the
use to which it is put.
- Neither the nature of the crime nor the responsibility of its
perpetrator is altered by the fact that the accused was living, as a
boarder, in the same house of which the room of the
offended occupant he entered was a part.

3. That such entrance is against the latter's will.

- To commit trespass, the entrance by the accused should be
against the presumed (implied) or express prohibition/opposition of the
occupant.
- Prohibition is implied in entering the dwelling of another at late
hour of the night.
- Prohibition is implied in entrance through the window or any
place not intended for ingress.
 - In general, all members of a household must be presumed to
have authority to extend an invitation to enter the house.

Art. 281. Other forms of trespass. — The penalty of arresto

menor or a fine not exceeding 40,000.00 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.

- closed premises + uninhabited
- fenced estate + 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.

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

100,000.00 pesos, if the threat shall not have been made
subject to a condition.

Art 282 (1) First act Art 282 (1) Second Art 282 (2)
Act
There is infliction upon the latter's person, honor or property, or upon
that of the latter's family, of any wrong
The wrong amounts to a crime
That there is a demand for money or that any The threat is not
other condition is imposed, even though not subject to
unlawful. a condition
That the offender That the offender did
attains not attain his purpose
his purpose

Other circumstances

Circumstances Effect/applicable provisions

Threats are spoken at different The accused will incur separate
point in time liabilities for each threat spoken
Threats made in connection with The threat is not a separate
the offense
commission of other crimes
If there is another crime actually The threat is absorbed by the
committed or the objective of the other crime
offender is another crime, and the
threat is only a means to commit
it or a mere
incident in its commission.
When the act consists in Robbery with Intimidation (Art
materially taking possession or 294)
securing, on the spot, the delivery
of the money or other personal
property, through the effect of
fear or fright which the imminence
of the injury produces in the mind
of the person
Intimidated.

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.

Art. 285. Other light threats. — The penalty of arresto menor in

its minimum period or a fine not exceeding 400,000.00 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.

3 acts of other light threats

Art. 285 (1) Art. 285 (2) Art. 285 (3)
Threatening another with a Orally Orally threatening
weapon, or by drawing such threatening
weapon in a quarrel
Whether or not in a quarrel Made in the
heat of anger
Constituting a Constituting a
felony felony
Grave threats, Light threats, other Light Threats

Grave Threats Light Threats Other Light Threats

Demanding money or Demanding money or
imposing any other imposing any other
condition (Art 282 par condition (Art 283)
1
and 2)
No demand for money No demand for money
or or
imposing any other imposing any other
condition (Art 282 par condition (Art 285)
3)
Constituting a felony Constituting a felony
(Art 282) (Art 285 par 2)
Not constituting a Not constituting a
felony (Art 283) felony (Art 285 par 3)

Art. 286. Grave coercions. — The penalty of arresto mayor and

a fine not exceeding 100,000 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 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. (As amended by RA. No. 7890
which took effect on 20 Febuary 1995).

Two ways of committing grave coercions

1) By preventing another, by means of violence, threats or
intimidation, from doing something not prohibited by law.
2) By compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it be right or
wrong.

Elements
1. That a 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;
 - No coercion is committed by one who prevents a murderer from
carrying out his wicked purpose
 - Compelling another to do something includes the offender's act
of doing it himself while subjecting another to his will – COMPELLED
TO ALLOW
- Coercion is consummated even if the offended party did not
accede to the purpose of the coercion.
2. That the prevention or compulsion be effected by violence, threats
or intimidation;
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.

Main difference between grave coercion and grave threat

Grave Coercion Grave Threat
There is an immediate, actual, or The harm must be in the future
imminent harm

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 15,000 pesos.

Any other coercions or unjust vexations shall be punished by

arresto menor or a fine ranging from One thousand pesos
(P1,000) to Forty thousand pesos (P40,000), or both.

Elements (par 1)
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

Par. 2 - Unjust Vexation

1. includes any human conduct which, although not productive of some
physical or material harm would, however, unjustly annoy or vex an
innocent person.
2. There is no violence or intimidation in unjust vexation
3. When the act of the accused has no connection with his previous
acts of violence, it is only unjust vexation.