TITLE NINE

I.

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

A.

ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267)

1. Offender is a private individual

2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following circumstances are present (becomes
serious)
a) that the he kidnapping/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 (except if parent is the offender), female or a
public officer
Note: When death penalty is imposed:
1. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any
other person even if none of the aforementioned are present in the commission of the offense (even
if none of the circumstances are present)
2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to
torture or dehumanizing acts
B.

ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268)

1.
2.

Offender is a private person

He kidnaps or detains another or in any other maner deprives him pof his liberty / furnished
place for the perpetuation of the crime

3.
4.

That the act of detention or kidnapping must be illegal

That the crime is committed without the attendant of any of the circumstances enumerated
in Art 267

Note: Privileged mitigating circumstances:

If the offender:
1. voluntarily releases the person so
kidnapped or detained within 3 days from
the commencement of the detention

4. C.

2. without having attained the purpose intended

and
3. before the institution of criminal proceedings
against him

ELEMENTS OF UNLAWFUL ARREST: (269)

1. That the offender arrests or detains another person

2. That the purpose of the offender is to deliver him to the proper authorities
1. That the arrest or detention is not authorized by law or there is no reasonable ground
therefor
5. Notes:

1. Offender is any person, so either a public officer or private individual

2. Refers to warrantless arrests
3. In art 125, the detention is for some legal ground while here, the detention is not authorized by law
4. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority within
the prescribed period while here, the arrest is not authorized by law
6. D.

ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270)

1. That the offender is entrusted with the custody of a minor person (whether over or under 7
but less than 18 yrs old)
2. That he deliberately fails to restore the said minor to his parents

7. E.

ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271)

1. That the minor (whether over or under 7) is living in the home of his parents or guardians or
the person entrusted with his custody
2. That the offender induces a minor to abandon such home

8. Notes:
1. Inducement must be actual, committed with criminal intent and determined by a will to cause
damage
2. Minor should not leave his home of his own free will
3. Mitigating if by father or mother
9. F. ELEMENTS OF SLAVERY: (272)
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.
10.Note: Qualifying circumstance if the purpose of the offender is to assign the offended party to
some immoral traffic (prostitution), the penalty is higher
11.G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)
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.
12.H.

ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274)

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.

4.
5. II. CRIMES AGAINST SECURITY
6. A. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONES OWN VICTIM:
(275)
7. Acts punishable:

1. By failing to render assistance to any person whom the offender finds in an inhabited 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
8. Elements:
1. That place is not inhabited.
2. The accused found there a person wounded or in danger of dying.
3. The accused can render assistance without detriment to himself.
1. The accused fails to render assistance.

By failing to help or render assistance to another whom the offender has accidentally
wounded or injured

By failing to deliver a child, under 7 whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place.

9. B. ELEMENTS OF ABANDONING A MINOR: (276)

1. That the offender has the custody of a
child.
2. That the child is under seven years of age.

3. That he abandons such child.

4. That he has no intent to kill the child when
the latter is abandoned.

5. Notes:
1. Conscious, deliberate, permanent, unless punishable by a more serious offense
2. Qualifying circumstances:
1. when the death of the minor resulted from such abandonment
2. if the life of the minor was in danger because of the abandonment
6. C. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS
CUSTODY; INDIFFERENCE OF PARENTS: (277)
7. Acts punished:
1. By delivering a minor to a public institution or other persons w/o 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
8. Elements:
1. That the offender has charged of the rearing or education of a minor.
2. That he delivers said minor to a public institution or other persons.
3. 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.
4. By neglecting his (offenders) children by not giving them education which their station in life
requires and financial condition permits
9. Elements:
1. That the offender is a parent.
2. That he neglects his children by not giving
them education.
4. D.

3. That his station in life requires such

education and his financial condition
permits it.

ELEMENTS OF EXPLOITATION OF MINORS: (278)

5. Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength
or contortion, the offender being any person
2. By employing children under 16 who are not the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or
engaged in a similar calling
3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding
paragraph, the offender being engaged in any of said callings
4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated
in par 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 to abandon the home of its ascendants; guardians, curators or
teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany
any habitual vagrant or beggar, the offender being any person
6. Note: Qualifying Circumstance if the delivery of the child to any person following any of the
callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual
vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is
higher.
7. E.
8.

ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)

F. ELEMENTS OF TRESPASS TO DWELLING: (280)

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.

4. Notes:
1. Qualifying circumstance: if the offense is
committed by means of violence or
intimidation, the penalty is higher
2. There must be an opposition to the entry of
the accused
3. Implied prohibition is present considering
the situation late at night and everyones

asleep or entrance was made through the

window
4. Prohibition is not necessary when violence
or intimidation is employed by the offender
5. When there is no overt act of the crime
intended to be committed, this is the crime
6. May be committed even by the owner (as
against the actual occupant)

7. Not applicable to:

entrance is for the purpose of preventing harm to himself, the occupants or a third person

purpose is to render some service to humanity or justice

place is a caf, tavern etc while open

8. 8. Medina case: when the accused entered the dwelling through the window, he had no intent to kill
any person inside, but the intention to kill came to his mind when he was being arrested by the
occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from
frustrated homicide
9. G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)
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.

5. H.

GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282)

6. Acts punishable:
1. By threatening another with the infliction upon his person, honor or property 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 (Note: threat is with condition)
7.
8. Elements:
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 there is a demand for money or that any other condition is imposed, even though not unlawful.
4. That the offender attains his purpose.
9.

By making such threat without the offender attaining his purpose

10.
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 (Note: threat
is without condition)
11.Elements:
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
12.Notes:
1. Aggravating circumstances: if made in writing or thru a middleman
2. Frustrated if not received by the person being threatened
3. Art 284 bond from good behavior may be imposed (only in these offenses)
13.I.

ELEMENTS OF LIGHT THREATS: (283)

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
14.

Art 284 bond from good behavior may be imposed

15.Notes:
1.

(only in these offenses)

2. The wrong does not amount to a crime

16.J. BOND FOR GOOD BEHAVIOR: (284)
17.K. ELEMENTS OF OTHER LIGHT THREATS: (285)
1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in self-defense.

2. In the heat of anger, person orally threatens another with some harm constituting a crime, without
persisting in the idea involved in the threat. Subsequent acts did not persist.
3. Person orally threatens another with harm not constituting a felony.
18.L. ELEMENTS OF GRAVE COERCIONS: (286)
1. That a person prevented another from doing something OR not to do something against his will, be
it right or wrong;
2. That the prevention or compulsion be effected by violence, of force as would produce intimidation
and control the will.
3. That the person that restrained the will and liberty by 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.
19.M. ELEMENTS OF LIGHT COERCIONS: (287)
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.
20.N. OTHER SIMILAR COERCIONS: (288)
21.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 employees.
3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled,
any of his or its laborers or employees to purchase merchandise or commodities of any kind from
his or from said firm or corporation.
22.ELEMENTS OF NO. 2
1. That the offender pays the wages due a laborer or employee employed by him by means of tokens
or objects.
2. That those tokens or objects are other than the legal tender currency to the Philippines.
3. That such employee or laborer does not expressly request that he be paid by means of tokens or
objects.
23.O. FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS: (289)
1. That the offender employs 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
2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers
or lockout of employees.
24.
25.

III. DISCOVERY AND REVELATION OF SECRETS

26.A. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290)

1. That the offender is a private individual or even a public officer not in the exercise of his official
function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another person.
4. That offender is informed of the contents or the papers or letters seized.
27.Notes:
1. Not applicable to parents with respect to minor children
2. Contents need not be secret but purpose prevails
3. Circumstances qualifying the offense: when the offender reveals contents of such papers or letters
of another to a 3rd person, the penalty is higher
28.
29.B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291)
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such capacity.
3. That he reveals such secrets.
30.C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292)
1. That the offender is a person in charge, employee or workman of a manufacturing or industrial
establishment.
2. That the manufacturing or industrial establishment has a secret of the industry which the offender
has learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.
31.