Arbitrary Detention Delay in the delivery of Delaying release (Art.

release (Art. Kidnapping and Slight illegal detention Unlawful arrest (Art.
(Art. 124) detained persons to 126) serious illegal (Art. 268) 269)
the proper judicial detention (Art. 267)
authorities (Art. 125)
Classification of the Crimes against the Crimes against the Crimes against the Crimes against liberty Crimes against liberty Crimes against liberty
crime fundamental law of the fundamental law of the fundamental law of the
State State State
As to offender Public officer authorized Public officer or Public officer or Private individual Private individual Private individual
to arrest and detain a employee or private employee
person but he does so Individual who makes a Public officer who has Public officer who has Public officer who has
without lawful cause lawful arrest no legal duty to detain no legal duty to detain no legal duty to detain
a person a person a person
As to purpose of No intention to bring the By failing to deliver such Without good reason Unlawfully kidnaps, Unlawfully kidnaps, Private person arrests a
offender offended to proper person to the proper delays: detains or otherwise detains or otherwise person without
authorities but merely to judicial authority within a  The service of notice deprives a person of deprives a person of reasonable ground, and
detain him certain period of such order to the liberty liberty the purpose is to deliver
prisoner; or the person arrested to
 The performance of the proper authorities
such judicial or
executive order for the Public officer NOT
release of the authorized to arrest and
prisoner; or detain a person, or he
 The proceedings did not act in his official
upon a petition for the capacity
release of such
person.
As to legality of Detention is not Detention is for some Detention is not Detention is not Detention is not Detention is not
detention authorized by law legal ground authorized by law authorized by law authorized by law authorized by law
As to the nature of The detention is illegal The detention is legal in Notwithstanding the The essential element or Unlawfully kidnaps, The purpose of the
detention from the beginning. the beginning, but the order of release, the act which makes the detains or otherwise offender is to deliver him
illegality of the detention public officer or offense of kidnapping is deprives a person of to the proper authorities
If the cause of the arrest starts from the expiration employee delays the the deprivation of an liberty and the crime is but the arrest or
without warrant is not of any of the periods of release of the accused offended party’s liberty. committed without the detention is not
any of such situations time specified in Art. attendance of the authorized by law or
(Rule 113(5) RRCP), the 125, without the person But when the kidnapping circumstance there is no reasonable
crime is arbitrary detained having been or detention was enumerated in Art. 267. ground therefor.
detention. delivered to the proper committed for the
judicial authority. purpose of extorting
ransom, it is not
necessary that one or
any of such
circumstances
enumerated in Par 1 of
Art 267 be present.
Additional Notes No warrant of arrest No warrant of arrest, but Wardens and jailers are Actual demand for Liability of accomplice is No period of detention is
with legal ground. the public officers most ransom is not raised to a co-principal fixed by law in Article
But private individuals likely to violate this necessary. by anyone who shall 269, but the motive of
who conspired with Detention is legal in the article. furnish the place for the offender is
public officers in beginning; illegality The carrying away of the the perpetration of the controlling.
detaining certain starts from expiration of victim can either be crime.
policemen are guilty of period specified. made forcibly or
arbitrary detention. fraudulently. Liability is mitigated
This article does not when:
apply when the arrest is Detention or locking up 1. Voluntary release w/in
by virtue of a warrant of of victim is essential. 3 days;
arrest. 2. w/o attaining purpose
It is not necessary that 3. before the institution
the victim be placed in of criminal
an inclosure. proceedings
 Kidnapping and failure Slavery (Art. 272)
to return a minor (Art.
270)
Classification of the Crimes against liberty Crimes against liberty
crime
As to offender A person entrusted with Anyone who shall
the custody of a minor purchase, sell, kidnap or
person detain a human being for
the purpose of enslaving
him.
As to purpose of He deliberately fails to The purpose of the
offender restore the said minor to offender is to enslave
his parents or guardians such human being.
If the purpose of the
offender is to assign the
offended party to some
immoral traffic
(prostitution), the penalty
is higher.
As to legality of Detention is not Detention is not
detention authorized by law authorized by law
As to the nature of The essential element is Purpose is important to
detention that the offender is distinguish and to
entrusted with the determine the actual
custody of the minor. crime i.e. Slavery v
Kidnaping or Illegal
What is punished in Detention.
kidnapping a minor is the
deliberate failure of the The purpose of the
offender having the offender in slavery is to
custody of the minor to enslave such human
restore him to his being.
parents or guardian.
Additional Notes Age of minor is under 18 Prostitution qualifies the
years old. offense of slavery.
When the crime is If it is proven that the
committed by the father defendant was obliged
or mother of the minor, to render service in
the penalty is arresto plaintiff’s house as
mayor or a fine not servant without
exceeding P300, or remuneration whatever
both. to remain there so long
as she has not paid her
Offender is entrusted debt, there is slavery.
with the custody of the
minor.
Exploitation of child
labor (Art. 273)
Crimes against liberty
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.
Under the pretext of
reimbursing himself of
a debt incurred by an
ascendant, guardian,
or person entrusted
with the custody of
such minor
Detention is not
authorized by law
The service of the minor
must be against his will
and under the pretext of
reimbursing himself
The existence of an
indebtedness
constitutes no legal
justification for holding a
person and depriving
him of his freedom.
Services rendered
under compulsion in
payment of debt (Art.
274)
Crimes against liberty
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.
Require or enforce the
payment of a debt
Detention is not
authorized by law
The offender compels a
debtor to work for him,
either as household
servant or farm laborer
to require or enforce the
payment of a debt.
This article does not
distinguish whether the
victim is a minor or not.
The debtor himself is the
one compelled to work
for the offender limited to
household servant or
farm laborer.
Forcible abduction Consented abduction
(Art. 342) (Art. 343)
Crimes against chastity Crimes against chastity
Any person who abducts Any person who abducts
a woman regardless of a virgin over 12 and
age, civil status and under 18 years of age,
reputation. carried out with her
consent and with lewd
design.
Abduction of any woman Abduction of a virgin
regardless of age, civil over 12 and under 18
status and reputation years of age, carried out
against her will and with with her consent and
lewd designs for the with lewd design for the
purposes of carrying her purposes of carrying her
to another place with the to another place with the
intent to marry or to intent to marry or to
corrupt her. corrupt her.
Detention is not Detention is not
authorized by law authorized by law
There is no deprivation The taking of the virgin
of liberty. need not have a
character or
permanency.
Continuing Crime If the virgin is under 12
years old, it is forcible
The taking away of the abduction.
woman must be against
her will. The offended party need
not be taken from her
No deprivation of liberty house.
If the female abducted is Actual sexual
under 12y/o, the crime is intercourse not
forcible abduction, even necessary.
if she voluntarily goes
with her abductor.

As to presence of lewd designs
As to nature of complex crime
As to effect of attempted rape
As to effect of multiple rapes
Grave Coercion
Intent to deprive the offended party of his liberty is not
clear (i.e. may freely leave the house but is compelled to
return)
As to offender
As to the act punished
Kidnapping with Rape
Taking of victim was without lewd
designs.
It is a special complex crime
Attempted rape shall be considered
a separate crime
There is only one special complex
crime of kidnapping with rape
regardless of the number of rapes
committed.
Intent to deprive is present.
Kidnapping and Serious Illegal
detention of Minors (Art. 267, par.
4)
Offender is not entrusted with the
custody of the victim
What is punished id the illegal
detaining or kidnapping of the minor
Forcible Abduction with Rape
At the outset, there is already lewd
designs.
It is a complex crime under Art. 48
since forcible abduction is a
necessary means of committing the
crime of rape
The crime committed is only forcible
abduction, the attempted rape being
an expression of the lewd design.
If there are multiple rapes, only one
is complexed with forcible abduction
and the rest shall be considered as
separate crimes.
Illegal Detention
Kidnapping and failure to return a
Minor (Art. 270)
Offender is entrusted with the
custody of the minor
What is punished is the deliberate
failure of the offender having the
custody of the minor to restore him to
his parents or guardian.
 Abandonment of Abandonment of Parricide Murder (Art. 248) Infanticide Exploitation of Inducing a Homicide Abandonment
Minor (Art. 276) Minor Entrusted (Art. 246) (Art. 255) Minors Minor to (Art. 249) of person in
with his (Art 278, par. 5) Abandon his danger and
Custody; Home abandonment
Indifference of (Art. 271) of one’s own
Parents (Art. victim.
277) (Art.275)
Classification of Crimes against Crimes against Crimes against Crimes against Crimes against Crimes against Crimes against Crime against Crimes against
the crime security security persons persons persons security liberty persons security
As to manner of Minor is Minor is delivered Abandonment Abandonment Abandonment Must be of such Induces minor to Abandonment (1) Failing to
abandonment abandoned in to a public must be in a must be in a must be in a nature as to abandon home must be in a assist any
such a way as to institution or other manner as to kill manner as to kill manner as to kill endanger his life manner as to wounded
deprive him of the person. the minor child the minor child the minor child or safety. kill the minor person or
care and child person in
protection that his danger when
tender years need. he is capable
to render
assistance
(2) Failing to
assist a person
whom the
person
accidentally
wounded
(3) Failing to
deliver a child
under 7 years
of age to
authorities or
parents whom
the offender
found
abandoned
As to purpose of Abandonment (A) A person is Intent to kill Intent to kill Intent to kill The purpose of No such Intent to kill N/A
offender which deprives the entrusted with the inducing the purpose
minor of the care custody of the minor to abandon
and protection minor but he the home is to
from danger to his entrusted it to an follow any person
person which is institution. engaged in any of
conscious and the callings
deliberate. (I) Having the mentioned in this
means, provision
deliberately fails to
give to their
children the
education which
their station in life
requires and
financial condition
permits
As to intent to No intent to kill No intent to kill Intention to kill Intention to kill a Intention to kill a No Intent to Kill No Intent to kill Intention to kill No intent to kill
kill their child who is minor in his minor a minor
in their custody custody through
any of the
following
circumstances
that qualifies
murder
 As to age Under 7 years Under 18 years Above 3 days old Above 3 days old Under 3 days of Under 16 years Under 18 years Above 3 days As to Par. 3,
age old age of the
minor must be
under 7 years
Additional Notes The custody of the The custody of the The child in must Circumstances The minor must Circumstance The inducement Homicide
offender is offender is specific be the offender’s qualifying: be below 72 qualifying the must be actual, occurs if non
general. which is the own child by 1. With treachery, hours in age offense: Made in committed with of the
custody for the blood. taking advantage consideration of criminal intent, conditions for
Intent to kill cannot rearing or of superior any price, and determined Murder,
be presumed from education of the strength, with the compensation or by a will to Parricide, or
the death of the minor. aid of armed men, promise cause damage. Infanticide are
child. or employing present.
Only the person means to weaken Father or
Circumstances charged with “the the defense or of mother may
qualifying the rearing or means or persons commit crimes
offense: education” of the to insure or afford under Article
1. When the death minor is liable impunity. 270 and 271.
of the minor
resulted from such 2. In consideration
abandonment of a price, reward,
2. If the life of the or promise.
minor was in
danger because of 3. By means of
the abandonment. inundation, fire,
poison, explosion,
shipwreck,
stranding of a
vessel, derailment
or assault upon a
street car or
locomotive, fall of
an airship, by
means of motor
vehicles, or with
the use of any
other means
involving great
waste and ruin.

4. On occasion of
any of the
calamities
enumerated in the
preceding
paragraph, or of
an earthquake,
eruption of a
volcano,
destructive
cyclone, epidemic
or other public
calamity.

5. With evident
premeditation.

6. With cruelty, by
deliberately and
inhumanly
augmenting the
suffering of the
victim, or
outraging or
scoffing at his
person or corpse.