Title 9 CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Crimes against liberty 1.) 2.) 3.) 4.) 5.

) 6.) 7.) 8.) 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 Exploitation of child labor Service rendered under compulsion in payment of debt

Crimes classified as illegal detention: 1.) Kidnapping and serious illegal detention 2.) Slight illegal detention 3.) Unlawful arrest Art. 267. Kidnapping and serious illegal detention Elements:

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. Art. 269. Unlawful arrest 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 act 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 threats to kill him are made; or d. That the person kidnapped or detained is a minor, female, or a public officer. Art. 268. Slight illegal detention Elements:

1.) That the offender arrests or detains another person. 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 reasonable ground therefore. Crimes classified as kidnapping of minors: 1.) Kidnapping and failure to return a minor 2.) Inducing a minor to abandon his home Art. 270. Kidnapping and failure to return a minor Elements:

Crimes against security 1.) Abandonment of persons in danger and abandonment of ones own victim 2.) Abandoning a minor 3.) Abandonment of minor by person entrusted with his custody; indifference of parents 4.) Exploitation of minors 5.) Trespass to dwelling 6.) Other forms of trespass 7.) Grave threats 8.) Light threats 9.) Other light threats 10.)Grave coercions 11.)Light coercions 12.)Other similar coercions 13.) Formation, maintenance, and prohibition of combination of capital or labor through violence or threats 14.)Discovering secrets through seizure of correspondence 15.)Revealing secrets with abuse of office 16.)Revealing of industrial secrets

1.) That the offender is entrusted with the

custody of a minor person (whether over or under 7 years but less than 21 years of age). 2.) That he deliberately fails to restore the said minor to his parents or guardians. Art. 271. Inducing a minor to abandon his home Elements: 1.) That a minor (whether over or under 7 years of age) is living in the home of his

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.

parents or guardian or the person entrusted with his custody. 2.) That the offender induces said minor to abandon such home. Crimes classified as slavery and servitude: 1.) Slavery 2.) Exploitation of child labor 3.) Services rendered under compulsion in payment of debt Art. 272. Slavery Elements: 1.) 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 Elements: 1.) That the offender retains a minor in his service. 2.) That it is against the will of the minor. 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 Elements:

1.) That the offender compels a debtor to work for him, either as household servant or farm laborer. 2.) That it is against the debtors will. 3.) That the purpose is to require or enforce the payment of a debt. Crimes classified as abandonment of helpless persons and exploitation of minors: 1.) Abandonment of persons in danger and abandonment of ones victim 2.) Abandoning a minor 3.) Abandonment of minor by person entrusted with his custody; indifference of parents 4.) Exploitation of minors Art. 275. Abandonment of persons in danger and abandonment of ones own victim Acts punishable under this article: 1.) By 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. Elements: a. The place is not inhabited; b. The accused found there a person wounded or in danger of dying; c. The accused can render assistance without detriment to himself;

d. The accused fails to render assistance.

2.) By failing to help or render assistance to

another whom the offender has accidentally wounded or injured. 3.) By failing to deliver a child, under 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. Art. 276. Abandoning a minor Elements: 1.) That the offender has the custody of a child. 2.) That the child is under 7 years of age. 3.) That he abandons such child. 4.) That he has no intent to kill the child when the latter is abandoned. Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents Acts punished under this article: 1. By 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. Elements: a. That the offender has charge of the rearing or education of a minor.

b. That he delivers said minor to a public institution or other persons. c. That the one who entrusted such child to the offender has not consented to such act; or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it. 2. By neglecting his (offenders) children by not giving them the education which their station in life requires and financial condition permits. Elements: a. That the offender is a parent. b. That he neglects his children by not giving them education. c. That his station in life requires such education and his financial condition permits it. Art. 278. Exploitation of minors Acts punished under this article:

manager or person engaged in a similar calling. 3.) By employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of the said callings. 4.) By delivering a child under 16 years of age gratuitously to any person following any of the callings enumerated in paragraph 2, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child. 5.) By inducing any child under 16 years of age to abandon the home of its ascendants, guardian, curators or teachers to follow any person engaged in any of the calling mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person. Art. 279. Additional penalties for other offenses Art. 280. Qualified trespass to dwelling Elements: 1.) That the offender is a private person. 2.) That he enters the dwelling of another. 3.) That such entrance is against the latters will. Art. 281. Other forms of trespass 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. Art. 282. Grave threats Acts punishable as grave threats: 1.) By threatening another with the infliction upon his person, honor or property or that of his 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.) By making such threat without the offender attaining his purpose. 3.) By 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. Elements of grave threats where offender attained his purpose: 1.) That the offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong. 2.) That such wrong amounts to a crime.

1.) By causing any boy or girl under 16

years of age to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person. 2.) By employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope walker, diver, or wild animal tamer, the offender being an acrobat, etc., or circus

3.) That there is a demand for money or that any other condition is imposed, even though not unlawful. 4.) That the offender attains his purpose. Elements of grave threats not subject to a condition:

Art. 285. Other light threats Acts punished as other light threats: 1.) By threatening another with a weapon, or by 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 constituting a crime, without persisting in the idea involved in his threat. 3.) By orally threatening to do another any harm not constituting a felony. 2 acts punished under paragraph 1: 1.) Threatening another with a weapon, even if there is no quarrel; and 2.) Drawing a weapon in a quarrel, which is not in lawful self-defense. Art. 286. Grave coercions 2 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 of grave coercions:

1.) That the offender threatens another

person with the infliction upon the latters person, honor, or property, or upon that of the latters family, of any wrong. 2.) That such wrong amounts to a crime. 3.) That the threat is not subject to a condition. Art. 283. Light threats Elements: 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 purpose. Art. 284. Bond for good behavior Cases wherein a person may be required to give bail not to molest another:

2.) That the prevention or compulsion be effected by violence, threats or intimidation; and 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. Art. 287. Light coercions 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. Art. 288. Other similar coercions Acts punished as other similar coercions: 1.) By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him. 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;

1.) When he threatens another under the

circumstances mentioned in Art. 282. 2.) When he threatens another under the circumstances mentioned in Art. 283.

a. That the offender is any person,

agent or officer of any association or corporation.

b. That he or such firm or corporation has employed 2.) By paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee. Title 10 CRIMES AGAINST PROPERTY 1.) Robbery with violence against or intimidation of persons 2.) Attempted and frustrated robbery committed under certain circumstances 3.) Execution of deeds by means of violence or intimidation 4.) Robbery in an inhabited house or public building or edifice devoted to worship 5.) Robbery in an uninhabited place or in a private building 6.) Possession of picklocks or similar tools 7.) Brigandage 8.) Aiding and abetting a band of brigands 9.) Theft 10.)Qualified theft 11.)Theft of the property of the National Library and National Museum 12.)Occupation of real property or usurpation of real rights in property 13.)Altering boundaries or landmarks 14.)Fraudulent insolvency 15.)Swindling 16.)Other forms of swindling 17.)Swindling a minor 18.)Other deceits 19.)Removal, sale or pledge of mortgaged property

20.)Destructive arson 21.)Other forms of arson 22.)Arson of property of small value 23.)Crimes involving destruction 24.)Burning ones own property as means to commit arson 25.)Setting fire to property exclusively owned by the offender 26.)Malicious mischief 27.)Special cases of malicious mischief 28.)Damage and obstruction to means of communication 29.)Destroying or damaging statues, public monuments or paintings Chapter 1 ROBBERY IN GENERAL Art. 293. Who are guilty of robbery Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything Classification of robbery 1.) Robbery with violence against, or intimidation of persons 2.) Robbery by the use of force upon things Art. 294. Robbery with violence against or intimidation of persons Acts punished as robbery with violence against or intimidation of persons: 1.) When by reason or on occasion of the robbery, the crime of homicide is committed;

2.) When the robbery is accompanied by rape or intentional mutilation or arson; 3.) When by reason or on occasion of such robbery, any of the physical injuries resulting in insanity, imbecility, impotency or blindness is inflicted; 4.) When by reason or on occasion of robbery, any of the physical injuries resulting in the loss of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of the use of any such member or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted; 5.) If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime; 6.) When in the course of its execution, the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the use thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated for labor for more than 30 days; 7.) If the violence employed by the offender does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only. Art. 295. Robbery with physical injuries, committed in an uninhabited place and by a

band, or with the use of firearm on a street, road or alley Art. 296. Art. 297. Art. 298. Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship Robbery with force upon things of the 1st kind Elements: 1.) That the offender entered (a) an inhabited house, or (b) public building, or (c) edifice devoted to religious worship. 2.) That the entrance was effected by any of the following means: a. Through an opening not intended for entrance or egress; b. By breaking any wall, roof, or floor or breaking any door or window; c. By using false keys, picklocks or similar tools; or d. By using any fictitious name or pretending the exercise of public authority. 3.) That once inside the building, the offender took personal property belonging to another with intent to gain. Robbery with force upon things of the 2nd kind Elements:

1.) That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it; 2.) That the offender takes personal property belonging to another, with intent to gain, under any of the following circumstances: a. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; or b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery. Art. 300. Robbery in an uninhabited place and by a band Art. 301. What is an inhabited house, public building, or building dedicated to religious worship and their dependencies Art. 302. Robbery in an uninhabited place or in a private building Elements: 1.) That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. 2.) That any of the following circumstances was present:

a. The entrance was effected through an opening not intended for entrance or egress; b. A wall, roof, floor, or outside door or window was broken; c. The entrance was effected through the use of false keys, picklocks or other similar tools; d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere. 3.) That with intent to gain, the offender took therefrom personal property belonging to another. Art. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building Art. 304. Possession of picklocks or similar tools Elements: 1.) That the offender has in his possession picklocks or similar tools. 2.) That such picklocks or similar tools are specially adopted to the commission of robbery. 3.) That the offender does not have lawful cause for such possession. Art. 305. False key Art. 306. Who are brigands penalty Brigandage is a crime committed by more than three armed persons who form a band of robbers for the purpose of committing robbery in the

highway or kidnapping persons for the purpose of extortion or to obtain ransom, or for any other purpose to be attained by means of force and violence. Elements:

Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latters consent. The following are liable for theft:

intimidation of persons or force upon things. Elements of paragraph no. 3: 1.) That there is an enclosed estate or a field where trespass is forbidden or which belongs to another; 2.) That the offender enters the same; 3.) That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products in the estate or field; and 4.) That the hunting or fishing or gathering of products is without the consent of the owner. Art. 309. Penalties Art. 310. Qualified theft Theft is qualified 1.) If the theft is committed by a domestic servant. 2.) If the theft is committed with grave abuse of confidence. 3.) If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle. 4.) If the property stolen consists of coconuts taken from the premises of a plantation. Title 11 CRIMES AGAINST CHASTITY 1.) 2.) 3.) 4.) Adultery Concubinage Acts of lasciviousness Qualified seduction

1.) There be at least four armed persons.

2.) They formed a band of robbers. 3.) The purpose is any of the following: a. To commit robbery in the highway; or b. To kidnap persons for the purpose of extortion or to obtain ransom; or c. To attain by means of force and violence any other purpose. Art. 307. Aiding and abetting a band of brigands Elements: 1.) That there is a band of brigands. 2.) That the offender knows the band to be of brigands. 3.) That the offender does any of the following acts:

1.) Those who, (a) with intent to gain, (b) but without violence against or intimidation of persons nor force upon things, (c) take, (d) personal property, (e) of another, (f) without the latters consent. 2.) Those who, (a) having found lost property, (b) fail to deliver the same to the local authorities or to its owner. 3.) Those who, (a) after having maliciously damaged the property of another, (b) remove or make use of the fruits or object of the damage caused by them. 4.) Those who, (a) enter an inclosed estate or a field where (b) trespass is forbidden or which belongs to another and, without the consent of its owner, (c) hunt or fish upon the same or gather fruits, cereals or other forest or farm products. Elements: 1.) That there be taking of personal property. 2.) That said property belongs to another. 3.) That the taking be done with intent to gain. 4.) That the taking be done without the consent of the owner. 5.) That the taking be accomplished without the use of violence against or

a. He in any manner aids, abets, or

protects such band of brigands; or b. He gives them information of the movements of the police or other peace officers of the Government; or c. He acquires or receives the property taken by such brigands. Art. 308. Who are liable for theft

5.) Simple seduction 6.) Acts of lasciviousness with the consent of the offended party 7.) Corruption of minors 8.) White slave trade 9.) Forcible abduction 10.)Consented abduction Art. 333. Adultery Elements: 1.) That the woman is married; 2.) That she has sexual intercourse with a man not her husband; 3.) That as regards the man with whom she has sexual intercourse, he must now her to be married. Art. 334. Concubinage 3 ways of committing the crime of concubinage: 1.) by keeping a mistress in the conjugal dwelling; or 2.) by having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or 3.) By cohabiting with her in any other place. Elements: 1.) That the man must be married. 2.) That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling;

b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife; c. Cohabiting with her in any other place. 3.) That as regards the woman, she must know him to be married. Art. 335. When and how rape is committed repealed by R.A. 8353, otherwise known as the Anti-Rape Law of 1997. See p. 523 of Book II, RPC. Art. 336. Acts of lasciviousness Elements: 1.) That the offender commits any act of lasciviousness or lewdness; 2.) That the act of lasciviousness is committed against a person of either sex; 3.) That it is done under any of the following circumstances: a. By using force or intimidation; or b. When the offended party is deprived of reason or otherwise unconscious; c. By means of fraudulent machination or grave abuse of authority; or d. When the offended party is under 12 years of age or is demented. Art. 337. Qualified seduction 2 classes of qualified seduction:

1.) Seduction of a virgin over 12 years and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc.; and 2.) Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation. Elements:

1.) That the offended party is a virgin,

which is presumed if she is unmarried and of good reputation. 2.) That she must be over 12 and under 18 years of age. 3.) That the offender has sexual intercourse with her. 4.) That there is abuse of authority, confidence or relationship on the part of the offender. Art. 338. Simple seduction Elements: 1.) That the offended party is over 12 and under 18 years of age. 2.) That she must be of good reputation, single or widow. 3.) That the offender has sexual intercourse with her. 4.) That it is committed by means of deceit. Art. 339. Acts of lasciviousness with the consent of the offended party Elements: 1.) That the offender commits acts of lasciviousness or lewdness.

2.) That the acts are committed upon a woman who is a virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. 3.) That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. Art. 340. Corruption of minors Art. 341. White slave trade Acts penalized as white slave trade: 1.) Engaging in the business of prostitution. 2.) Profiting by prostitution. 3.) Enlisting the services of women for the purpose of prostitution. Art. 342. Forcible abduction Elements:

solicitation or cajolery from the offender. 4.) That the taking away of the offended party must be with lewd designs. Title 13 CRIMES AGAINST HONOR

1.) By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family. 2.) By offering to prevent the publication of such libel for compensation, or money consideration. Art. 357. Prohibited publication of acts referred to in the course of official proceedings Elements: 1.) That the offender is a reporter, editor or manager of a newspaper daily or magazine, 2.) That he publishes facts connected with the private life of another, 3.) That such facts are offensive to the honor, virtue and reputation of said person. Art. 358. Slander 2 kinds of oral defamation: 1.) Simple slander, 2.) Grave slander, when it is of a serious and insulting nature. Art. 359. Slander by deed Elements: 1.) That the offender performs any act not included in any other crime against honor, 2.) That such act is performed in the presence of other person or persons, 3.) That such act casts dishonor, discredit, or contempt upon the offended party.

1.) Libel by means of writings or similar

means

2.) Threatening to publish and offer to 3.)

4.) 5.) 6.) 7.) prevent such publication for a compensation Prohibited publication of acts referred to in the course of official proceedings Slander Slander by deed Incriminating innocent person Intriguing against honor

Art. 355. Libel by means of writings or similar means Libel may be committed by means of: 1.) Writing, 2.) Printing, 3.) Lithography, 4.) Engraving, 5.) Radio, 6.) Phonograph, 7.) Painting, 8.) Theatrical exhibition, 9.) Cinematographic exhibition, or 10.)Any similar means. Art. 356. Threatening to publish and offer to prevent such publication for a compensation Acts punished:

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 designs. Art. 343. Consented abduction Elements: 1.) That the offended party must be a virgin. 2.) That she must be over 12 and under 18 years of age. 3.) That the taking away of the offended party must be with her consent, after

2 kinds of slander by deed 1.) Simple slander by deed, and 2.) Grave slander by deed Title 14 QUASI OFFENSES Art. 365. Imprudence and negligence Committed in 4 ways: 1.) By committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony. Elements: a. That the offender does or fails to do an act. b. That the doing of or the failure to do that act is voluntary. c. That it be without malice. d. That material damage results. e. That there is inexcusable lack of precaution on the part of the offender, taking into consideration i.) his employment or occupation; ii.) degree of intelligence, physical condition; and iii.) other circumstances regarding persons, time and place.

2.) By committing through simple imprudence or negligence an act which would otherwise constitute a grave or a less serious felony. Elements: a.) That there is lack of precaution on the part of the offender. 3.) By causing damage to the property of another through reckless imprudence or simple imprudence or negligence. 4.) By causing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light felony.

10