Art. 231. Open Disobedience.

1. That the offender is a judicial or executive officer.

2. That there is a judgment, decision or order of a superior authority.
3. That such judgment, decision or order was made within the scope
of the jurisdiction of the superior authority and issued with all legal
formalities.
4. That the offender without any legal justification openly refuses to
execute the said judgment, decision or order, which he is duty
bound to obey.

Disobedience to Order of Superior Officer, When Said Order was

Suspended by Inferior Officer. —
1. That the offender is a public officer.
2. That an order is issued by his superior for execution.
3. That he has for any reason suspended the execution of such order.
4. That his superior disapproves the suspension of the execution of
the order.
5. That the offender disobeys his superior despite the disapproval of the
suspension.
Art. 233. Refusal of Assistance. —

1. That the offender is a public officer

2. That a competent authority demands from the offender that he
land his cooperation towards the administration of justice or other
public service 3. That the offender fails to do so maliciously

Refusal to Discharge Elective Office. —

1. That the offender is elected by popular election to public office.
2. That he refuses to be sworn in or to discharge the duties of said
office
3. That there is no legal motive for such refusal to be sworn in or to
discharge the duties of said office
Maltreatment of Prisoners. —

1. That the offender is a public officer or employee

2. That he has under his charge a prisoner or detention prisoner
3. That he maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction or handling of a prisoner
or detention prisoner under his charge either –
i. by the imposition of punishments not
authorized by the regulations, or by inflicting
such punishments (those authorized) in a
cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or to obtain some
information from the prisoner.
 Anticipation of Duties of Public Office. —

1. That the offender is entitled to hold a public office or employment,

either by election or appointment.
2. That the LAW requires that he should first be sworn in and/or
should first give a bond.
3. He assumes performance of duties and powers of such office.
4. That he has not taken his oath and/or given bond required.
 Prolonging Performance of Duties and Powers. —

1. That the offender is holding a public office.

2. That the period provided by law, regulations or special provisions
for holding such office, has already expired.
3. That he continues to exercise the duties and powers of such office.
 Abandonment of Office or Position. —

1. That the offender is a public officer.

2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public service.

Qualifying Circumstance:
Preventing, prosecuting or punishing any of the crimes falling within Title
One, and Chapter One of Title 3 of Book 2 (Crimes against National
Security and Law of Nations and Crimes against Public Order.)
Art. 239.

Usurpation of Legislative Powers. —

1. That the offender is a executive or judicial officer.

2. That he makes general rules or regulations beyond the scope
of his authority, or attempts to repeal a law, or suspends the
execution thereof.
Art. 240.
Usurpation of Executive Functions. —

1. That the offender is a judge.

2. That he assumes a power pertaining to the executive authorities,
or obstructs the executive authorities in the lawful exercise of their
powers.
Art. 241.

Usurpation of Judicial Functions. —

1. That the offender is an officer of the executive branch of the

government.
2. That he assumes judicial powers, or obstructs the execution of any
order or decision rendered by any judge within his jurisdiction.
Art. 242. Disobeying Request for Disqualification. —

1. That the offender is a public officer.

2. That a proceeding is pending before such public officer.
3. That there is a question brought before the proper authority
regarding his jurisdiction, which is not yet decided.
4. That he has been lawfully required to refrain from continuing the
proceeding.
Art. 243.
Orders or Requests by Executive Officer to any Judicial Authority.
—

1. That the offender is an executive officer.

2. That he addressed any order or suggestion to any judicial authority.
3. That the order or suggestion relates to any case or business
coming within the exclusive jurisdiction of the courts of justice.
Art. 244.
Unlawful Appointments. —

1. That the offender is a public officer.

2. That he nominates or appoints a person to a public office.
3. That such person lacks the legal qualifications therefore.
4. That the offender knows that his nominee or appointee lacks the
qualifications at the time he made the nomination or appointment.
Art. 245.
Abuses Against Chastity. —

1. That the offender is a public officer.

2. That he solicits or makes immoral or indecent advances to a
woman.
3. That such woman must be:
a. Interested in matters pending before offender for decision, or
with respect to which he is required to submit a report to or
consult with a superior officer; or
b. Under custody of the offender who is a warden or other public
officer directly charged with the care and custody of prisoners
or persons under arrest; or
c. The wife, daughter, sister or relative within the same degree by
affinity of the person in the custody of the offender
TITLE EIGHT: CRIMES
AGAINST PERSONS
Art. 246. Parricide. —

1. That a person is killed.

2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate
or illegitimate, or a legitimate other ascendant or other descendent,
or the legitimate spouse, of the accused.
Note:
1. Other ascendants or descendants must be legitimate
2. Father, mother, or child may be legitimate or illegitimate
Art. 247. Death or Physical Injuries Inflicted Under Exceptional
Circumstances. —
1. That a legally married person or a parent surprises his spouse or
his daughter, the latter under 18 years of age and living with him,
in the act of committing sexual intercourse with another person.
2. That he or she kills any or both, of them or inflicts upon any or both
of them any serious physical injury in the act or immediately
thereafter.
3. That he has not promoted or facilitated the prostitution of his wife
or daughter, or that he or she had not consented to the infidelity of
the other spouse.
Art. 248. Murder. —

1. That a person was killed.

2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances
mentioned in Article 248.
4. The killing is not parricide or infanticide.
 Murder – unlawful killing of any person which is NOT parricide or infanticide,
provided the following circumstances are present:
With treachery, taking advantage of superior strength, with the aid of armed men,
or employing means to weaken the defense, or of means or persons to insure or
afford impunity
1. In consideration of a price, reward or promise
2. By means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin
3. On occasion of any of the calamities enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano, destructive cyclone, great waste and ruin
4. With evident premeditation
5. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim,
or outraging or scoffing at his person or corpse
Art. 249.
Homicide. —

1. That a person is killed.

2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.

Homicide – unlawful killing of any person, which is neither parricide,

murder nor infanticide.
Accidental Homicide – death of a person brought about by a lawful act
performed with proper care and skill, and without homicidal intent.
Art. 250.
Penalty. —
Frustrated Parricide, Murder or Homicide - Penalty lower by one degree
than that which should be imposed under provisions of Article 50.

Attempted Parricide, Murder or Homicide – Penalty lower by one under

provisions of Article 51.
Art. 251.
Death Caused in Tumultuous Affray. —
1. That there be several persons.
2. That they did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally.
3. That there several persons quarreled and assaulted one another in
a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries
or who used violence can be identified.
Tumultuous Affray – the disturbance is caused by more than three
persons who are armed or are provided with means of violence

Persons Liable for Death in Tumultuous Affray:

1. Person(s) who inflicted the serious physical injuries
If it is not known who inflicted the serious physical injuries on the
deceased, all the persons who used violence upon the person of the
victim are liable, but with lesser liability
Physical Injuries Caused in Tumultuous Affray. —

1. That there is a tumultuous affray as referred to in the preceding

article.
Art. 252.
2. That a participant(s) thereof suffer serious physical injuries or
physical injuries of a less serious nature only.
3. That the person responsible therefore cannot be identified.
4. That all those who appear to have used violence upon the person
of the offended party are known.
Art. 253.
Giving Assistance to Suicide. —

1. By assisting another to commit suicide, whether the suicide is

consummated or not.
2. By lending his assistance to another to commit suicide to the extend
of doing the killing himself.
Art. 254.

Discharge of Firearms. —

1. That the offender discharges a firearm against or

at another person.
2. That the offender has no intention to kill that
person.
Art. 255.

Infanticide. —

1. That a child was killed.

2. That the deceased child was less than 3 days (72 hours) of age.
3. That the accused killed the said child.

Infanticide – killing of any child less than three days of age, whether the
killer is the parent or grandparent, any other relative of the child, or a
stranger
Art. 256.
Intentional Abortion. —

Elements:
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered, or
that the accused otherwise acts upon such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon
her, or any other act of the accused, the fetus dies, either in the
womb or after having been expelled therefrom.
4. That the abortion is intended.
Ways of Committing Intentional Abortion:
1. By using any violence upon the person of the pregnant woman.
2. By acting, but without using violence, without the consent of the
woman (by administering drugs or beverages upon such pregnant
woman without her consent).
3. By acting (by administering drugs or beverages), with the consent
of the pregnant woman.
Art. 257. Unintentional Abortion. —

1. That there is a pregnant woman.

2. That violence is used upon such pregnant woman without intending
an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence, the fetus dies, either in the womb
or after having been expelled therefrom.

* Note: Violence is actual physical force

Art. 258. Abortion Practiced by the Woman Herself or by her
Parents. —

1. That there is a pregnant woman who has suffered an abortion.

2. That the abortion is intended.
3. That the abortion is caused by:
a. the pregnant woman herself
b. any other person, with her consent
c. any of her parents, with her consent, for the purpose of
concealing her dishonor
Cases Covered by Article 258:
1. Abortion committed by woman upon herself or by any other person with
her consent.
2. Abortion by the woman upon herself to conceal her dishonor
3. Abortion by any of the parents of the woman with the latter’s consent
to conceal her dishonor.
Art. 259. Abortion Practiced by a Physician or Midwife and
Dispensing of Abortives. —
Elements for Physician or Midwife
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes, or assists in
causing, the abortion.
4. That said physician or midwife takes advantage of his or her scientific knowledge
or skill.

Elements for Pharmacists:

1. That the offender is a pharmacist.
2. That there is no proper prescription from a physician.
3. That the offender dispenses any abortive.
 Art. 260. Duel. —

Acts Punishable in Duel:

1. By killing one’s adversary in duel.
2. By inflicting upon such adversary physical injuries.
3. By making a combat although no physical injuries have been
inflicted.

Persons Liable in Duel:

1. The person who killed or inflicted physical injuries upon his
adversary, or both combatants in any other case, as principles.
2. The seconds, as accomplices.
Art. 261. Challenging to Duel. —

Acts Punished under this Article:

1. By challenging another to a duel.
2. By inciting another to give or accept a challenge to a duel.
3. By scoffing at or decrying another publicly for having refused to
accept a challenge to fight a duel.
Art. 262. Mutilation. —

1. By intentionally mutilating another by depriving him, either totally or

partially, of some essential organ for reproduction.
a. That there be castration (mutilation of organs necessary for
generation such as a penis or ovarium.)
b. That the mutilation is caused purposely or deliberately, that is,
to deprive the offended party of some essential organ for
reproduction.
2. By intentionally making other mutilation, that is, by lopping or
clipping off any part of the body of the offended party, other than
the essential organ for reproduction, to deprive him of that part of
his body.
Art. 263. Serious Physical Injuries. — hehe
Serious Physical Injuries:
1. When the injured person becomes insane, imbecile, impotent or
blind in consequence of the physical injuries inflicted.
2. When the injured person (a) loses the use of speech or the power
to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg,
or (b) loses the use of any such member, or (c) becomes
incapacitated for the work in which we were theretofore habitually
engaged, in consequence of the physical injuries inflicted.
3. When the person injured (a) becomes deformed, or (b) loses any
other member of his body, or (c) loses the use thereof, or (d)
becomes ill or incapacitated for the performance of the work in
which he was habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted.
 4. When the injured person becomes ill or incapacitated for labor for
more than 30 days (but must not be more than 90 days), as a result
of the physical injuries inflicted.

Classes of Serious physical injuries: (a) consequences of the injuries

inflicted, (b) nature and character of the wound inflicted, and (c) the proper
penalty

Physical Injuries Distinguished from Attempted or Frustrated

Homicide:
a. In both, the offender inflicts physical injuries, however homicide
may be committed, even if no physical injuries are inflicted.
b. There is no intent to kill in physical injuries.
Ordinary Physical Injuries Distinguished from Mutilation:
1. Mutilation – must have been caused purposely and deliberately.
2. Physical Injuries – this intention is not present.
Art. 264.
Administering Injurious Substances or Beverages. —

1. That the offender inflicted upon another any serious physical injury.
2. That it was done by knowingly administering to him any injurious
substance or beverages or by taking advantage of his weakness of
mine or credulity.
3. That he had no intent to kill.
Art. 265.
Less Serious Physical Injuries. —

Qualified Less Serious Physical Injuries

1. Paragraph 2:
a. there is manifest intent to insult or offend the injured person.
b. there are circumstances adding ignominy to the offense.
2. Paragraph 3:
a. the offender’s parents, ascendants, guardians, curators or
teachers.
b. persons of rank or persons in authority, provided the crime is
not direct assault.
Art. 266.
Slight Physical Injuries and Maltreatment. —

Kinds of Slight Physical Injuries:

1. Physical injuries which incapacitated the offended party for labor from
1 to 9 days, or required medical attendance during the same period.
2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance.
3. Ill-treatment of another by deed without causing any injury.
Paragraph 1. Offender is a man.
1. Offender had carnal knowledge of a woman.
2. Such act is accomplished under any of the following circumstance:
a. by using force or intimidation; or
b. when the woman is deprived of reason or otherwise
unconscious; or
c. by means of fraudulent machination or grave abuse of authority;
or
d. when the woman is under 12 years of age or demented
Paragraph 2:
2. Offender commits an act of sexual assault.
3. That the act of sexual assault is committed by any of the following
means:
 a.by inserting his penis into another person’s mouth or anal orifice;
or
b. by inserting any instrument or object into the genital or anal
orifice of another person.
4. That the sexual act is accomplished under the circumstances
mentioned in paragraph 1.

Qualifying Circumstances:
1. When by reason or on occasion of the rape, a homicide is committed
2. When victim is under 18 and offender is parent, ascendant, stepparent,
guardian, relative by consanguinity or affinity within 3rd civil degree, or
common-law spouse of the parent of victim
3. When the victim is under the custody of the police or military authorities
or any law enforcement or penal institution
4. When the rape is committed in full view of the husband, parent, any of
the children or other relatives within the 3rd civil degree of consanguinity
5. When the victim is a religious engaged in legitimate religious vocation
or calling and is personally known to be such by the offender before or
at the time of the commission of the crime
6. When the victim is a child below 7 years of age.
7. When the offender knows that he is afflicted with HIV/AIDS or any other
sexually transmissible disease and the virus or disease is transmitted
to the victim.
8. When committed by any member of AFP or paramilitary units thereof
or the PNP or any law enforcement agency or penal institution, when
 the offender took advantage of his position to facilitate the commission
of the crime
9. When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability
10. When the offender knew of the pregnancy of the offended party at the
time of the commission of the crime
11. When the offender knew of the mental disability, emotional disorder
and/or physical handicap of the offended party at the time of the
commission of the crime
Art. 266-C. Effect of Pardon. —

1. Subsequent valid marriage between the offender and the offended

party shall extinguish the criminal action or the penalty imposed.
2. In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty.
Art. 266-D. Presumptions. —

1. Any physical overt act manifesting resistance against the act of

rape in any degree from the offended party; or
2. Where the offended party is so situated as to render him/her
incapable of giving consent.
TITLE NINE: CRIMES
AGAINST PERSONAL
LIBERTY AND SECURITY
Art. 267.
Kidnapping and Serious Illegal Detention. —

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 are present:
a. The kidnapping or detention lasts for more than 3 days or;
b. It is committed simulating public authority or;
c. Any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
Art. 268.
d. The person kidnapped or detained is a minor (except when
the accused is any of the parents), female or a public officer.
Slight Illegal Detention. —

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 Article 267.
Art. 269.
Unlawful Arrest. —

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.

Kidnapping and Failure to Return a Minor. —

Art. 270.
1. That the offender is entrusted with the custody of a minor person
(below 21 years of age.)
2. That he deliberately fails to restore the said minor to his parents or
guardians.

Distinguishing Article 267 and Article 270:

1. In Article 267 – the offender is not entrusted with custody.
2. In Article 270 – the offender is entrusted with custody of minor.
Inducing a Minor to Abandon His Home. —
Art. 271.
1. That a minor is living in the home of his parents or guardian or
person entrusted with his custody.
2. That the offender induces said minor to leave such home.

Slavery. —

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.
Art. 272.
Art. 273.
Exploitation of Child Labor. —

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. —

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.
Art. 275.
Abandonment of Persons in Danger and Abandonment of One’s

1. Failing to render assistance to any person whom 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.
a. The place is uninhabited
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. Failing to help or render assistance to another whom the offender has
accidentally wounded or injured.
3. 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. —

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 not intent to kill the child when the latter is
abandoned

Qualifying Circumstances:
1. When death of the minor resulted from such abandonment, or
2. if the life of the minor was in danger because of the
abandonment
Art. 277. Abandonment of Minor by Person Entrusted with His
Custody;
Indifferenc
e of
Parents. —
Acts
Punished:
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
a. The offender has charge of the rearing/education of a minor
b. He delivers minor to a public institution or other persons
 c. 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 (offender’s) children by not giving them the education
which their station in life requires and financial condition permits. 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:
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 wildanimal tamer, the offender being an
acrobat, etc. or circus manager or person 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 the said callings.
4. By delivering a child under 16 gratuitously to any person following
any of the calling 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 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 or to
accompany any habitual vagrant or beggar, the offender being any
person.
Art. 279.
Additional Penalties. —

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.
Art. 280.

Qualified Trespass to Dwelling. —

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.

Exceptions:
1. If the entrance to another’s dwelling is made for the purpose of preventing some
serious harm to himself, the occupants of the dwelling or a 3rd person.
2. If the purpose is to render some service to humanity or justice.
3. If the place where entrance is made is a café, tavern, inn, and other public houses,
while the same are still open.
Art. 281.
Qualifying Circumstance – if the offense is committed by means of violence
or intimidation

Other Forms of Trespass. —

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.
Punished:
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 thought not
unlawful, and the offender attained his purpose.
a. That the offender threatens another person with the infliction upon
the latter’s person, honor or property, or upon that of the latter’s
family, of any wrong.
b. That such wrong amounts to a crime.
c. That there is a demand for money or that any other condition is
imposed, even though not unlawful.
d. That the offender attains 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.
a. That the offender threatens another person with the infliction
upon the latter’s person, honor, or property, or upon the latter’s
family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition
Art. 283.

Light Threats. —

1. That the offender makes a threat to commit a crime.

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 lawful.
4. That the offender has attained or not attained his purpose.
Art. 284.
Bond for Good Behavior. —

Required to Give Bail not to Molest Another:

1. When he threatens another under the circumstances mention in Article
282.
2. When he threatens another under the circumstances mention in Article
283.
Art. 285.
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.
a. Threatening to draw a weapon, even if there is no quarrel
b. Drawing a weapon in a quarrel, which is not 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.
Art. 286.
Grave Coercions. —
Ways to Commit:
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:
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
Art. 287.
2. That the prevention or compulsion be effected by violence, threats
or intimidation
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 lawful right
Light Coercions. —

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. —

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.
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 laborers or employees.
c. 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 him or from said firm or
corporation.
2. By paying wage 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.
a. That the offender pays the wages due a laborer or employee
employed by him by means of tokens or objects.
b. That those tokens or objects are other than the legal tender
currency of the Philippines.
c. That such employee or laborer does not expressly request that he
be paid by means of tokens or objects.