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Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
Crimes against personal liberty and security
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Crimes against personal liberty and security

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  • 1. CRIMES AGAINST LIBERTY & SECURITY Victor C. Alac Juris Doctor Student – UDM March 21, 2013
  • 2. Crimes Against Personal Liberty & Security Chpt. I. Crimes Against Liberty Chpt. 2. Crimes Against Security Chpt. 3 .Discovery & Revelation of SecretsSec. I. Illegal Detention Sec. 2. Kidnapping of Sec. 3. Slavery and Minors Servitude Kidnapping & SeriousIllegal Detention Kidnapping & Failure Slavery to Return A MinorSlight Illegal Detention Exploitation of Child Inducing A Minor to LaborUnlawful Arrest Abandon His Home Services under Compulsion in Payment of Debt
  • 3. Article 267. Kidnapping and Serious Illegal Detention - Any privateIndividual who shall kidnap or detain another, or in any other mannerdeprive him of his liberty, shall suffer the penalty of reclusion perpetua todeath: 1. If the kidnapping or detention shall have lasted more than three (3) 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, except when the accused is any of the parents, female, or a public officer.The penalty shall be death where the kidnapping or detention was committedfor the purpose of extorting ransom from the victim or any other person, evenif none of the circumstance above mentioned were present in the commissionof the offense.When the victim is killed or dies as a consequence of the detention, or is rapedor is subjected to torture or dehumanizing acts, the maximum penalty shall beimposed. (As amended by R.A. 7659) ===== Elements
  • 4. 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 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. back
  • 5. Article 268. Slight Illegal Detention - The penalty of reclusiontemporal shall be imposed upon any private individual who shall commit thecrimes described in the next preceding article without the attendance of anycircumstances enumerated therein.The same penalty shall be incurred by anyone who shall furnish the place for theperpetration of the crime.If the offender shall voluntarily release the person so kidnapped or detainedwithin three days from the commencement of the detention, without havingattained the purpose intended, and before the institution of criminal proceedingagainst him, the penalty shall be prision mayor in its minimum and mediumperiods and a fine not exceeding seven hundred pesos. (As amended R.A. No.18)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 is committed without the attendance of any of the circumstances enumerated in Art. 267. back
  • 6. Article 269. Unlawful arrest. - The penalty of arresto mayor and a finenot exceeding 500 pesos shall be imposed upon any person who, in any caseother than those authorized by law, or without reasonable ground therefore,shall arrest or detain another for the purpose of delivering him to the properauthoritiesElements: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 therefor. back
  • 7. Article 270. Kidnapping and failure to return a minor – The penaltyof reclusion perpetua shall be imposed upon any person who, beingentrusted with the custody of a minor person, shall deliberately failto restore the latter to his parents or guardians. (As amended by R.A.No. 18)Elements: 1. That the offender is entrusted with the custody of a minor person(wheter over or under 7 years but less than 21 years of age).The he deliberately fails to restore the said minor to his parents or guardians. back
  • 8. Article 271. Inducing a minor to abandon his home - The penalty of prisioncorreccional and a fine not exceeding seven hundred pesos shall be imposedupon anyone who shall induce a minor to abandon the home of his parents orguardians of the persons entrusted with his custody.If the person committing any of the crimes covered by the two precedingarticles shall be the father or the mother of the minor, the penalty shall bearresto mayor or a fine not exceeding three hundred pesos, or both. (Asamended by R.A. No. 18)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. back
  • 9. Article 272. Slavery – The penalty of prision mayor and a fine notexceeding 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 tosome immortal 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. back
  • 10. Article 273. Exploitation of child labor – The penalty of prisioncorreccional in its minimum and medium periods and a fine not exceeding500 pesos shall be imposed upon anyone who, under the pretext ofreimbursing himself of a debt incurred by an ascendant, guardian, orperson entrusted with the custody of a minor, shall, against the latter’swill, 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.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. back
  • 11. Article 274. Services rendered under compulsion in payment of debt- The penalty of arresto mayor in its maximum period to prision correccional inits minimum period shall be imposed upon any person who, in order to requireor enforce the payment of debt, shall compel the debtor to work for him ,against his will, as household servant or farm laborer.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 debtor’s will.3. That the purpose is to require or enforce the payment of a debt. back
  • 12. Chapter II CRIMES AGAINST SECURITYSection 1. Abandonment of of Helpless persons and Exploitation of MinorsAbandonment of Persons in Danger Section 2. Trespass to Dwelling& Abandonment of one’s own victimAbandoning a minor Qualified Trespass toAbandonment of Minor by Person Dwelling Entrusted with this Custody; Other Forms of Trespassindifference of parentsExploitation of MinorsAdditional Penalties for otherOffenses
  • 13. Article 275. Abandonment of Persons in Danger & Abandonment ofOne’s Own Victim. - The penalty of arresto mayor shall be impos upon1. 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:1. The place is not inhabited2. The accused found there a person wounded or in danger of dying3. The accused can render assistance without detriment to himself;4. The accused fails to render assistance. back
  • 14. Article 276. Abandoning A Minor – The penalty of arresto mayor anda fine not exceeding 500 pesos shall be imposed upon anyone who shallabandon a child under seven years of age, the custody of which is incumbentupon him.When the death of the minor shall result from which such abandonment, theculprit shall be punished by prision correccional in its medium and maximumperiods, but if the life of the minor shall have been in danger only, thepenalty shall be prision correccional in its minimum and medium periods.The provisions contained in the two preceding paragraphs shall not preventthe imposition of the penalty provided for the act committed, when thename shall constiture a more serious offense.Elements:1. That the offender has the custody of child.2. That the child is under seveny ears of age.3. That he abandon such child.4. That he has no intent to kill the child when the latter is abandoned. back
  • 15. Article 277. Abandonment of Minor by Person Entrusted with HisCustody; Indifference of Parents. - The Penalty of arresto mayor and afine not exceeding 500 pesos shall be imposed upon anyone who, havingcharge of the rearing or education of a minor, shall deliver said minor to apublic institution or other persons, without the consent of the one whoentrusted such child to his care or, in the absence of the latter, without theconsent of the proper authorities .The same penalty shall be imposed upon the parents who shall neglecttheir children by not giving them the education which their station in liferequires and financial condition permitsElements:1. That the offender has charge of the rearing or education of a minor.2. That he delivers said minor to a public institution or other person.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.
  • 16. Elements of Indifference of Parents: (2nd paragraph of Article 277)1. That the offender is a parent.2. The he neglects his children by not giving them education3. That his station in life requires such education and his financial condition permits it. back
  • 17. Article 278. Exploitation of Minors – The penalty of prision correccional inits minimum and medium periods and a fine not exceeding 500 pesos shall beimposed 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 under sixteen years of age who are not his children of descendants.3. Any person engaged in any of the callings enumerated in the next preceding paragraph 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.
  • 18. In either case, the guardian or curator convicted shall also be removed fromoffice as guardian or curator; and in the case of the parents of the child, they maybe deprived, temporarily or perpetually, in the discretion of the court, of theirparental authority.5. Any person who shall induce any child under sixteen years of age to abandonthe home of its ascendants, guardians, curators, or teacher to follow any personengaged in any of the callings mentioned in paragraph 2 hereof, or to accompanyany habitual vagrant or beggar. back
  • 19. Article 279. Additional Penalties for other offenses. - The impositionof the penalties prescribed in the preceding articles, shall not prevent theimposition upon the same person of the penalty provided for any otherfelonies defined and punished by this code. back
  • 20. Section 2 Trespass to DwellingArticle 280. Qualified Trespass to Dwelling. – Any private person¹ who shallenter the dwelling of another ² against the latter’s will³, shall be punished byarresto mayor and a fine not exceeding 1,000 pesos.If the offense be committed by means of violence or intimidation, thepenalty shall be prision correccional in its medium and maximum periods anda fine not exceeding 1,000 pesosThe provisions of this article shall not be applicable to any person who shallenter another’s dwelling for the purpose of preventing some serious harm tohimself, the occupants of the dwelling, or a third person, nor shall it beapplicable to any person who shall enter a dwelling for the purpose ofrendering some service to humanity or justice, nor to anyone who shall entercafes, taverns, inns, and other public houses, while the same are open
  • 21. Article 281. – Other Forms of Trespass. – The penalty of arresto menor or a finenot exceeding 200 pesos, or both, shall be imposed upon any person who shallenter the closed premises of the fenced estate of another, while either of themin uninhabited, if the prohibition to enter be manifest and the trespasser hasnot secured the permission of the owner or the caretaker thereof.Elements: 1. That the offender enters the closed premises or the fenced estate ofanother.2. That the entrance is made while either of them is uninhabited.3. That the prohibition to enter be manifest4. That the trespasser has not secured the permission of the owner or thecaretaker thereof.
  • 22. Chapter II CRIMES AGAINST SECURITYSection 3. Threats and CoercionGrave ThreatsLight ThreatsBond for Good BehaviorOther Light ThreatsGrave CoercionsLight CoercionsOther Similar Coercions (Compulsorypurchase of merchandise & payment of wages by means of tokens)Formation, Maintenance, and Prohibitionof Combination of Capital or Labor through Violence or Threats
  • 23. Section 3 – Threats and CoercionArticle 282. Grave Threats – Any person who shall threaten another with theinfliction upon the person, honor, or property of the latter or of his family ofany wrong amounting to a crime shall suffer:1. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall 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 Back
  • 24. Article 283. Light Threats – A threat to commit a wrong not constituting acrime, made in the manner expressed in subdivision 1 of the next precedingarticle, shall be punished by arresto mayor.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 unlawful4. That the offender has attained his purpose or, that he has not attained his purpose.Back
  • 25. Article 284. Bond for Good Behavior – In all cases falling within the two nextpreceding articles, the person making the threats may also be required togive bail not to molest the person threatened , or if he shall fail to give suchbail, he shall be sentenced to destierro.Cases may a person be required to give bail not to molest another:1. When he threatens another under the circumstances mentioned in Art. 2822. When he threatens another under the circumstances mentioned in Art. 283. Back
  • 26. Article 285. Other Light Threats – The penalty of arresto menor in itsminimum period or a fine not exceeding 200 peso 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 shows that he did not persist in the idea involve 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. Back
  • 27. Article 286. Grave Coercions – The penalty of prision correccional and a finenot exceeding six thousand pesos shall be imposed upon any person who,without authority or law, shall, by means of violence, threats or intimidation,prevent another from doing something not prohibited by law, or compel himto do something against his will, whether it be right or wrong.If the coercion be committed in violation of the exercise of the right ofsuffrage, or for the purpose of compelling another to perform any religiousact 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 R.A. No.7890 which took effect on 20 February 1995)2 ways of committing grave coercionsa. By preventing another, by means of violence, threats or intimidation from doing something not prohibited by law.b. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong.Back
  • 28. Article 287. Light Coercions – Any person who, by means of violence, shall seizeanything belonging to his debtor for the purpose of applying the same to thepayment of the debt, shall suffer the penalty of arresto mayor in its minimumperiod and a fine equivalent to the value of the thing, but in no case less than75 pesos.Any other coercion or unjust vexation shall be punished by arresto menor or afine ranging from 5 to 200 pesos, or both.Elements:1. That the offender must be a creditor2. That he seizes anything belonging to his debtor3. 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 debt.Back
  • 29. Article 288. Other Similar Coercions – (Compulsory purchase ofmerchandise and payment of wages by means of tokens). – The penalty ofarresto mayor or a fine ranging from 200 to 500 pesos, or both, shall beimposed upon any person, agent, or officer of any association orcorporation who shall force or compel, directly or indirectly, or shallknowingly permit any laborer or employee employed by himor by suchfirm or corporation to be forced or compelled, to purchase merchandiseor commodities of any kind.The same penalty shall be imposed upon any person who shall pay thewages due a laborer or employee employed by him, by means of tokensor objectsBack
  • 30. Article 289. – Formation, Maintenance, and Prohibition of Combination ofCapital or Labor Through Violence or Threats. – The penalty of arresto mayorand a fine not exceeding 300 pesos shall be imposed upon any persons who,for the purpose of organizing, maintaining, or preventing coalitions of capitalor labor, strike of laborers, or lockout of employers, shall employ violence orthreats in such a degree as to compel or force the laborers or employers inthe free and legal exercise of their industry or work, if the act shall notconstitute a more serious offense in accordance with the provisions of thiscode.Elements: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.Back
  • 31. Chapter II CRIMES AGAINST SECURITYThree kinds of Discovery and Revalation of Secrets.1. Discovering Secrets Through Seizure of Correspondence. (Art. 290)2. Revealing Secrets with Abuse of Office (Art. 291)3. Revealing of Industrial Secrets. (Art. 292)
  • 32. Article 290. Discovering Secrets Through Seizure of Correspondence. – Thepenalty of prision correccional in its minimum and medium periods and a finenot exceeding 500 pesos shall be imposed upon any private individual who, inorder to discover secrets of another, shall seize his papers or letters and revealthe contents thereof. If the offender shall not reveal such secrets, the penalty shall bearresto mayor and a fine not exceeding 500 pesos. This provision shall not be applicable to parents, guardians, orpersons entrusted with the custody of minors with respect to the papers orletters of the children or minors placed under their care or custody, nor tospouses with respect to the papers or letters of either of them.Elements:1. That the offender is a private individual or even a public officer not in 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 of the papers or letters seized (people vs. Singh, C.A. 40 O.G. Supp. 5,35) Back
  • 33. Article 291. Revealing Secrets with Abuse of Office. – The penalty of arrestomayor and a fine not exceeding 500 pesos shall be imposed upon anymanager, employee, or servant who, in such capacity, shall learn the secretsof his principal or master and shall reveal such secrets.Elements: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.Back
  • 34. Article 292. Revelation of Industrial Secrets. – The penalty of prisioncorreccional in it minimum and medium periods and a fine not exceeding500 pesos shall be imposed upon the person in charge, employee, orworkman of any manufacturing or industrial establishment who, to theprejudice of the owner thereof, shall reveal the secrets of the industry ofthe latter.Elements: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.3. That the offender reveal such secrets.4. That prejudice is caused to the owner.
  • 35. GraciasSenoritas y Senores

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