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)
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.
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.
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.
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
6 Six Special Complex Crime
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
(Crime
against chastity)
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)
