TITLE 9

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

CHAPTER 1
CRIMES AGAINST LIBERTY

SECTION 1 ILLEGAL DETENTION

ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION

ELEMENTS

1. Offender is a private individual

2. He kidnaps or detains another, or 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 is present
a. Kidnapping or detention lasts for 4 days or more
b. Committed simulating public authority
c. Any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made
d. The person kidnapped or detained is a minor, female, or a public officer

IF THE OFFENDER IS A PUBLIC OFFICER  CRIME IS ARBITRARY DETENTION

- Committed by a public officer who has no duty under the law to detain a person
o Example: sanitary inspector detaining a person

INTENTION TO DEPRIVE THE VICTIM OF HIS LIBERTY IS ESSENTIAL

- The accused approached, took hold of, and dragged the victim, striking the latter with the butt of
his rifle. The companions of the victim were told to continue on their way. They heard gun
reports after leaving.
o There is no sufficient evidence of intention to kidnap because from the moment the
victim was held and dragged to the time when the gun reports were heard, nothing was
done or said by the accused to show or indicate that they intended to deprive the victim
of her liberty for some time and for some purpose
 Short detention forms part of the perpetration of the crime of murder (P vs
Remalante)
- Where the agents of the Constabulary took the supposed victim from his house to make him
answer fort the murder of some persons who had disappeared

ACTUAL DEMAND FOR RANSAOM IS NOT NECESSARY

- As long as the kidnapping or detention was committed for the purpose of extorting ransom

DETENTION OR LOCKING UP OF VICTIM IS ESSENTIAL

- The victim testified that the accused had ordered her not to go out of the agency or to peep out
of the window. BUT there was no evidence that the doors were locked or closed in such a way as
to prevent the offended party from going out
 o If the alleged victim who had freedom to leave the premises where she was allegedly
confine  crime of illegal detention cannot rise  she was not deprived of her liberty
(US vs Quevengco)

LEAVING A CHILD IN THE HOUSE OF ANOTHER, WHERE HE HAD FREEDOM OF LOCOMOTION BUT NOT
THE FREEDOM TO LEAVE  DEPRIVES HIM OF LIBERTY

IT IS NOT NECESSARY THAT THE VICTIM BE PLACED IN AN INCLOSURE

- As long as the victim was deprived of liberty

DETENTION IS ILLEGAL WHEN NOT ORDERED BY COMPETENT AUTHORITY OR NOT PERMITTED BY LAW

- EXCEPTION: in a case where the owners locked up their house boy who had stolen some sugar
canes
o There was no injury intended
o The act of the accused was justified

RESTRAINT BY ROBBERS  NOT ILLEGAL DETENTION

- The main purpose is to delay or prevent assistance being rendered by authorities

SPECIAL COMPLEX CRIME OF KIDNAPPING WITH MURDER

- Where the person kidnapped is killed in the course of detention

- Regardless whether the killing was purposely sought or was merely an afterthought

KIDNAPPING WITH FRUSTRATED MURDER

- Where the victim was taken at gunpoint from Pasay to a remote place in Batangas, where she
was shot but survived. The gunshot wound sustained buy the victim would have resulted in the
death of the victim had it not been for the proper medical attention given to her

WHERE THE VICTIM IS TAKEN FROM ONE PLACE TO ANOTHER SOLELY FOR THE PURPOSE OF KILLING
HIM  MURDER

- Where the taking of the victim was incidental to the basic purpose to kill
- In a case where the victim was taken from his home, bound and brought to a remote place,
where he was killed (US vs Ancheta)
o It is a killing to an uninhabited place
o It does not appear that the detention was the purpose of the accused

WHEN MURDER, AND NOT KIDNAPPING

- If the primary purpose is to kill the victim, the incidental deprivation of the victim’s liberty does
not constitute the felony of kidnapping, but is merely a preparatory act to killing — hence
absorbed (P vs Delim)

CIRCUMSTANCES QUALIFYING THE OFFENSE: RANSOM

- If the purpose of the kidnapping is to extort ransom from the victim, even if none of the
circumstances mentioned is present  reclusion perpetua
 - Note: privileged mitigating circumstance applies (minority)

CONSPIRACY TO EXTORT RANSOM MAKES ALL THE CONSPIRATORS LIABLE UNDER THE 2 ND
PARAGRAPH OF ART 267

- Including those who did not take any part of the money

KIDNAPPING WITH RAPE

- Where the offender did NOT take the victim with lewd designs

COMPLEX CRIME OF FORCIBLE ABDUCTION WITH RAPE

- Where the offender took the victim with lewd designs

WHERE THE VICTIM WAS TAKEN BY FORCIBLE ABDUCTION, AND THE VICTIM WAS RAPED SEVERAL
TIMES; CRIMES COMMITTED ARE:

1. Complex crime of forcible abduction with rape — forcible abduction was only necessary for the
first rape
2. Separate counts of rape — each of other counts of rape are distinct and separate

NO COMPLEX CRIME OF ILLEGAL DETENTION WITH RAPE

ILLEGAL DETENTION VS ARBITRARY DETENTION

ILLEGAL DETENTION ARBITRARY DETENTION

Committed by a private individual who unlawfully Committed by a public officer or employee who
kidnaps, detains, or otherwise deprives a person detains a person without legal ground
of liberty
Crime against personal liberty and security Crime against the fundamental law of the State

ARTICLE 268. SLIGHT ILLEGAL DETENTION

ELEMENTS

1. Offender is a private individual

2. He kidnaps or detains another, or deprives the latter of his liberty
3. Act of kidnapping or detention is illegal
4. Crime is committed without the attendance of any of the circumstances in Art 267

LIABILITY OF ACCOMPLICE RAISED TO CO-PRINCIPAL

- EXCEPTION: if the cooperation of the accomplice is by acts other than furnishing the place for
the perpetration of the crime  penalty should be 1 degree lower

VOLUNTARY RELEASE IS NOT AN EXEMPTING CIRCUMSTANCE

PRIVILEGED MITIGATING CIRCUMSTANCE REQUISITES

1. Offender voluntarily releases the person kidnapped within 3 days

2. Without having attained the purpose intended
 3. Before the institution of criminal proceedings against him

- To impose lesser penalty (than the PMC), it must be shown that the offender was in a position to
prolong the detention for more than 3 days, and yet he released the detainee
- Note: NO mitigation of the penalty is allowed when the proceedings have already been instituted

ARTICLE 269. UNLAWFUL ARREST

ELEMENTS

1. The offender is any person who arrests or detains another person

2. The purpose of the offender is to deliver him to the proper authorities
3. The arrest or detention is not authorized by law or there is no reasonable ground therefor

COMMITTED BY

1. Private individual
a. Where private person makes an arrest without reasonable ground even if the purpose is
to deliver the person arrested to the proper authorities
2. Public officer
a. Committed by a public officer
i. That has no authority to arrest or detain
ii. OR he did not act in his official capacity

UNLAWFUL ARREST VS ILLEGAL DETENTION

UNLAWFUL ARREST ILLEGAL DETENTION

The purpose of locking up or detaining the victim The purpose is to merely detain
is to deliver him to the proper authorities

ILLUSTRATION

- Accused and victim had a dispute as to the right of the victim to cultivate the land in question. A
fight ensued, and having beaten the victim, the accused tied the former and conducted him to
the municipal jail whom the jailer kept for several hours

NO PERIOD OF DETENTION IS FIXED BY LAW BUT THE MOTIVE OF THE ACCUSED IS CONTROLLING

- Motive is to deliver the victim to the proper authorities

SECTION 2 KIDNAPPING OF MINORS

- Note: can be committed by either the father or mother, if the two are living separately

ARTICLE 270. KIDNAPPING AND FAILURE TO RETURN A MINOR

ELEMENTS

1. Offender is entrusted with the custody of a minor person

2. He deliberately fails to restore the said minor to his parents or guardians
WHAT IS PUNISHED IS THE DELIBERATE FAILURE OF THE CUSTODIAN OF THE MINOR TO RESTORE THE
LATTER TO HIS PARENTS OR GUARDIAN

ART 270 VS ART 267

ART 270 ART 267

The accused is entrusted with the custody of the The offender is not entrusted
victim

KIDNAPPING AND FAILURE TO RETURN A MINOR UNDER ART 270 IS NECESSARILY INCLUDED IN
KIDNAPPING AND SERIOUS ILLEGAL DETENTION OF MINOR UNDER PAR 4 OF ART 267

- Par 1 of Art 270 might have superseded (replaced) by Art 267

o It punishes as serious illegal detention, the kidnapping of a minor, regardless of the
purpose of detention (P vs Jo)

ARTICLE 271. INDUCING A MINOR TO ABANDON HIS HOME

ELEMENTS

1. The minor is living in the home of his parents or guardian or the person entrusted with his
custody
2. Offender induces said minor to abandon such home

THE MINOR SHOULD NOT LEAVE HIS HOME OF HIS OWN FREE WILL

- A minor was on her way to church when she was asked by the [accused] if she wanted to go to
Manila for a job. The victim agreed as the [accused] conducted her to the house of the accused
o The victim did not abandon her parental home of her own free will, but was induced to
do so because of a promise

SECTION 3. SLAVERY AND SERVITUDE

ARTICLE 272. SLAVERY

ELEMENTS

1. Offender purchases, sells, kidnaps, or detains a human being

2. The purpose of the offender is to enslave such human being

CIRCUMSTANCE QUALIFYING THE OFFENSE: IMMORALITY

- If the purpose of the accused is to assign the victim to some immoral traffic such as prostitution

CONSENT OF PARENT OR GUARDIAN  NO INVOLUNTARY SERVITUDE

- The employment or custody of a minor with the consent of the parent or guardian although
against the child’s own will CANNOT be considered involuntary servitude
- EXCEPTION: if it is proven that the defendant was obliged to render service in plaintiff’s house
as a servant without renumeration whatever and to remain there so long as she has not paid her
debt  slavery
ARTICLE 273. EXPLOITATION OF CHILD LABOR

ELEMENTS

1. Offender retains a minor in his service

2. It is against the will of the minor
3. 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

THE SERVICE OF THE MINOR IS AGAINST HIS WILL

INDEBTEDNESS IS NOT A GROUND FOR DETENTION

ARTICLE 274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

ELEMENTS

1. Offender compels a debtor to work for him

a. Household servant
b. Farm laborer
2. It is against the debtor’s will
3. The purpose is to require or enforce the payment of a debt

CRIMES AGAINST SECURITY

ARTICLE 275. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM

ACTS PUNISHABLE

1. 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
a. ELEMENTS
i. Uninhabited place
ii. Accused found a person wounded or in danger of dying
iii. Accused can render assistance without detriment to himself
iv. 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 old whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place

IF A PERSON INTENTIONALLY WOUNDED ANOTHER IN AN UNIHNAHIBTED PLACE  ART 275 WILL

NOT APPLY

- He did not find him wounded or in danger of dying in that place

OMISSION CONSTITUTING A MORE SERIOUS OFFENSE

- Where the offender had the custody of such person (who is a minor under 7 years old)
ARTICLE 276. ABANDONING A MINOR

ELEMENTS

1. Offender has the custody of a child

2. Child is under 7 years old
3. He abandons the child
4. He has no intent to kill the child when the latter is abandoned

INTENT TO KILL CANNOT BE PRESUMED FROM THE DEATH OF THE CHILD

- It is only applicable to crimes against persons and NOT to crimes against security (Art 276)

CIRCUMSTANCES QUALIFYING THE OFFENSE (HIGHER PENALTY)

1. Death of the minor resulted from abandonment

2. Life of the minor was in danger because of the abandonment

NOTE: PERMANENT, CONSCIOUS AND DELIBERATE ABANDONMENT IS REQUIRED IN THIS ARTICLE

- The law penalizes the mere abandonment of a child even when his life is not endangered as long
as there is an interruption of the care and protection he needs by reason of his tender age
- The abandonment referred to in this article is not the momentary leaving of the child, but the
abandonment which deprives him of the care and protection from danger to his person

PARENTS GUILTY OF ABANDONING THEIR CHILDREN SHALL BE DEPRIVED OF PARENTAL AUTHORITY

(ART 332, NCC)

ARTICLE 277. ABANDONMENT OF MIONOR BY PERSON ENTRUSTED WITH HIS CUSTODY;

INDIFFERENCE OF PARENTS

ACTS PUNISHED

1. 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
a. Or without the consent of proper authorities
2. Neglecting his (offender’s) children by not giving him education which their station in life
requires and financial condition permits (RA 10951)

ABANDONMENT OF A MINOR VS ABANDONMENT OF A MINOR BY A PERSON ENTRUSTED WITH HIS

CUSTODY VS (ART 276 VS ART 277)

ART 276 ART 277

Custody is stated in general Custody for the rearing or education of a minor
Minor is 7 years old Minor is under 18 years old
Abandonment: deprivation of care and Abandonment: minor is delivered to a public
protection institution or other person

ELEMENTS OF INDIFFERENCE OF PARENTS

1. Offender is a parent
 2. He neglects his children by not giving them education
3. His station in his life requires such education and his financial condition permits it

EXCEPTION: OBLIGATION TO EDUCATE CHILDREN TERMINATES IF THE MOTHER AND CHILDREN

REFUSED WITHOUT GOOD REASON TO LIVE WITH ACCUSED

- When the accused had to go to another province where he was able to earn a living and his wife
and children refused to go with him there (P vs Miraflores)

RA 7610 SECTION 10(A)  OTHER ACTS OF NEGLECT

1. Child abuse
2. Cruelty
3. Exploitation
4. Other acts covered by PD 603 (indifference of parents)

ARTICLE 278. EXPLOITATION OF MINORS

ACTS PUNISHED

1. Offender is any person

a. Causing a child UNDER 16 years old to perform dangerous feat of balancing, physical
strength, or confrontation
2. Offender is an acrobat or circus manager
a. Employing a child UNDER 16 years old who are NOT the children or descendants of the
offender in exhibition
3. Offender is an acrobat or circus manager
a. Employing any descendant UNDER 12 years old in exhibition
4. Offender is an ascendant, guardian, teacher or person entrusted with the care of the child
a. Delivering a child UNDER 16 years old gratuitously to any exhibition
5. Offender is any person
a. Inducing a child UNDER 16 years old to abandon the home of its guardians or teachers
to follow any exhibition

CIRCUMSTANCES QUALIFYING THE OFFENSE (HIGHER PENALTY)

- If there is a consideration of any price, compensation, or promise

OFFENDER SHALL BE DEPRIVED OF PARENTAL AUTHORITY OF GUARDIANSHIP

ARTICLE 279. ADDITIONAL PENATLIES FOR OTHER OFFENSES

ARTICLE 280. QUALIFIED TRESPASS TO DWELLING

ELEMENTS

1. Offender is a private person

2. He enters the dwelling of another
3. Such entrance is against the latter’s will

CIRCUMSTANCE QUALIFYING THE OFFENSE (HIGHER PENALTY)

 1. By means of violence
2. By means of intimidation

IF THE OFFENDER IS A PUBLIC OFFICER  VIOLATION OF DOMICILE (ART 128)

DWELLING PLACE

- Structure exclusively devoted for rest and comfort

LACK OF PERMISSION DOES NOT AMOUNT TO PROHIBITION

- It is not necessary in the ordinary life of men, in order to call at the door of a house or to enter it
to obtain previous permission from the owner who lives in it
- With the utmost good faith, a person, to whom entrance has not been denied beforehand, may
suppose that the owner of the house has no objection to receiving him in it

IN GENERAL, ALL MEMBERS OF A HOUSEHOLD MUST BE PRESUMED TO HAVE AUTHORITY TO

EXATEND AN INVITATION TO ENTER THE HOUSE

IMPLIED PROHIBITION

1. Late hour of the night

2. Where the owner had told the defendants to wait in the open porch and then closed the door
behind him
3. Entrance through window

PROHIBITION MUST BE IN EXISTENCE PRIOOR TO OR AT THE TIME OF ENTRANCE

TRESPASS MAY BE COMMITTED BY THE OWNER OF A DWELLING (rent)

- Supposing that the house belonged to the accused, that fact alone did not authorize him to do
anything with or enter into the house against the will of the actual occupant (P vs Almeda)

ALL TRESPASSERS ORDINARILY HAVE THE INTENTION TO COMMIT ANOTHER CRIME BUT IF THERE IS
NO OVERT ACT OF THE CRIME INTENDED TO BE COMMITTED  ONLY TRESPASS TO DWELLING

1. Defendants desired to have carnal relation when they broke into the house in which the women
were living and maltreated them, but they desisted from their original intention and left the
house
a. Trespass to dwelling with violence (US vs Barnedo)
2. Where the culprit who entered a dwelling through the window to steal personal property, but
was caught by the owner of the dwelling before he could take any property
a. Trespass to dwelling NOT attempted robbery
3. Where an intruder was caught in the act of forcibly attempting to enter a dwelling
a. Attempted trespass to dwelling NOT attempted robbery (P vs Tayag and Morales)

TRESPASS TO DWELLING WHEN SEPARATE FROM OTHER OFFENSE COMMITTED IN THE DWELLING

- Where the offender unlawfully entered the dwelling, and the intent to commit other crimes
came thereafter
- Case:
 o The accused entered the dwelling of a captain by forcing his way through the window.
When found inside by the occupants who tried to arrest him, the accused resisted arrest
and stabbed the son of the captain, inflicting a mortal wound. In his effort to escape he
also assaulted the captain, his wife, and daughter. The son did not die
 Ruling:
 The accused committed trespass to dwelling through violence,
frustrated homicide and less serious physical injuries (P vs Medina)
o Note: 2 crimes were committed NOT complex under Art 48. If
the purpose of the accused was to kill the person injured, it
should be frustrated homicide only, but dwelling or that the
crime was committed after an unlawful entry would be an
aggravating circumstance

CASES WHICH THE PROVISIONS OF THIS ARTICLE ARE NOT APPLICABLE

1. If the entrance to another’s dwelling is made for the purpose of preventing serious harm to
himself
a. Offender is endanger
2. If the purpose is to render some service to humanity or justice
a. Meralco line inspectors, who were suspecting that the householder was hiding a
transformer used by him in stealing electricity, had no right to enter against the owner’s
will — NOT a service of justice
3. If the place where the entrance is made as a café, tavern, inn, and other public houses, while the
same are open

ARTICLE 281. OTHER FORMS OF TRESPASS

ELEMENTS

1. Offender enters the closed premises or fenced estate of another

2. Entrance is made while either of them is uninhabited
3. Prohibition to enter be manifest
4. Trespasser has not secured the permission of the owner or caretaker thereof

“PREMISES”

- Distinct and definite locality

o A room, shop, or building

TRESPASS TO DWELLING VS TRESPASS

TRESPASS TO DWELLING TRESPASS

Offender is private person Offender is any person
Dwelling house Premises or fenced estate
Place is inhabited Place is uninhabited
Entry against the will of the owner Entry without securing the permission of the
owner or caretaker
Prohibition is express or implied Prohibition must be manifest
ARTICLE 282. GRAVE THREATS

ACTS PUNISHABLE

1. 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,
a. Even though not unlawful
b. And the offender attained his purpose
2. By making such threat without the offender attaining his purpose
3. Threatening another with the infliction upon huis person, honor, or property, or that of his
family of any wrong amounting to a crime
a. The threat not being subject to a condition

2 ESSENTIAL ELEMENTS

1. Intimidation — promise of some future harm or injury

2. Act threatened must be wrong
a. Where the offender threatened to file a criminal action against the victim for qualified
seduction unless the latter would marry her  not a grave threat. Filing a complaint
against the victim is not wrong

CIRCUMSTANCE QUALIFYING THE OFFENSE (PENALTY: MAXIMIUM PERIOD)

1. Threat is made in writing

2. Threat is made through a middleman

(PAR 1) ELEMENTS OF GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE (WITH CONDITION)

1. Offender threatens another person with the infliction of the latter’s

a. Person
b. Honor
c. Property
d. Upon the latter’s family of any wrong
2. Such wrong amounts to a crime
3. There is a demand for money or that any other condition is imposed
a. Note: condition need not to be unlawful (ex: A would kill B if she did not marry him)
4. The offender attains his purpose

GRAVE THREATS WHERE THE OFFENDER DOES NOT ATTAIN HIS PURPOSE (2 DEGREES LOWER)

- Where the victim reported the threat (letter) to the police

o The offender is guilty of the crime of grave threats although he did not attain his purpose
for which he wrote the letter because of the intervention of the police

(PAR 2) GRAVE THREATS NOT SUBJECT TO ANY CONDITION

- Where the offender pointed a gun at the victim’s forehead while at the same time saying “Saan
ka pupunta, gusto mo ito?”
 o IT enounces a threat to kill or to inflict serious physical injury on her person

NOTE: GRAVE THREATS NOT SUBJECT TO ANY CONDITION MUST BE SERIOUS AND DELIBERATEA

- The threat should not be made in the heat of anger

o Otherwise it will fall under Art 285

MULTIPLE COUNTS OF GRAVE THREATHS CAN BE INCURRED

- Separate for each victim

IF THE CONDITION IS NOT PROVED  GRAVE THREATS UNDER PAR 2

GRAVE THREAT IS CONSUMMATED THE MOMENT THE VICTIM RECOGNIZED THE THREAT

1. If the offender attained his purpose  par 1

2. If the offender did not attain his purpose  par 2 (not consummated)

GRAVE THREATS MAY BE COMMITTEAD BY INDIRECT CHALLENGE TO A GUNFIGHT, EVEN IF THE

COMPLAINANT WAS ABSENT WHEN THEA CHALLENGE WAS MADE

- Indirect challenge to a gunfight amounted to intimidation, especially when backed by 2 warning

shots
- As the crime consists in threatening another with some future harm, it is not necessary that the
offended party was present at the time the threats were made
o It is sufficient that the threats, after they had been made in his absence, came to the
knowledge of the offended party

THREATS MADE IN CONNECTION WITH THE COMMISSION OF OTHER CRIMES ARE ABSORBED

1. Where the offender struct the victim saying at the same time that he would kill them
a. Convicted of maltreatment
2. Threat employed by the offender to commit acts of lasciviousness or robbery is not a separate
crime because it is the constitutive element of intimidation in those crimes
a. Crime is acts of lasciviousness
b. Crime is robbery

WHERE THE OFFENDER IN GRAVE THREATS DOES NOT DEMAND THE DELIVERY ON THE SPOT OF THE
MONEY OR OTHER PERSONAL PROPERTY ASKED BY HIM

- When the act consists in materially taking possession or securing, on the spot, the delivery of
the money or other personal property
- Through the effect of fear or fright which the imminence of the injury produces in the mind of
the person intimidated
- The crime is robbery with intimidation

ARTICLE 283. LIGHT THREATS

ELEMENTS

1. Offender makes a threat to commit a wrong

 2. The wrong DOES NOT constitute a crime
3. There is a demand for money or that other condition
a. Note: intimidation need not to be unlawful
4. Offender may or may not attained his purpose

BLACKMAILING MAY BE PUNISHED UNDER ART 283

- Example: A threatens B with accusation or exposure, if B does not give P1,000

ARTICLE 284. BOND FOR GOOD BEHAVIOR

- In all cases falling within the 2 next preceding articles (threats), the person making threats may
also be required to give bail not to molest the person threatened, or if he shall fail to give such
bail, he shall be sentenced to destierro

ARTICLE 285. OTHER LIGHT THREATS

ACTS PUNISHED

1. Threatening another with weapon, or by drawing such weapon in a quarrel

a. UNLESS it be in lawful self-defense
2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without
persisting in the idea involved in his threat
3. Orally threatening to do another any harm not constituting a felony

GRAVE THREATS CAN BE OTHER LIGHT THREATS

- Where the accused who threatens another imposing a condition is guilty of the crime of grave
threats
- However, the accused had flung the threat in a sudden flare of anger following the victim’s initial
disregard of his demand
o The crime committed is only other light threats (P vs Tongco)

ARTICLE 286. GRAVE COERCION

ELEMENTS

1. Person is
a. Prevented from doing something not prohibited by law
b. Compelled to do something against his will
2. Prevention or compulsion is effected by violence, threat, or intimidation
3. Person who restrains the will and liberty of another has no right to do so

THE ACT OF PREVENTING BY FORCE MUST BE MADE AT THE TIME OF THE OFFENDED PARTY WAS
DOING OR ABOUT TO DO THE ACT PREVENTED

OTHERWISE, THE CRIME IS UNJUST VEXATION

WHEN THE VICTIM IS IN THE ACTUAL POSSESSION OF THE THING, EVEN IF HE HAS NO RIGHT TO THE
POSSESSION; COMPELLING HIM BY MEANS OF VIOLENCE TO GIVE UP THE POSSESSION, EVEN BY THE
OWNER  GRAVE COERCION
 - The offender should have seek the aid of the proper judicial authority, and assert his claim in
orderly manner provided by law

THE CRIME IS LIGHT COERCION WHEN THE VIOLENCE IS EMPLOYED TO SEIIZE ANYTHING BELONGING
TO THE DEBTOR OF THE OFFENDER

THE FORCE OF VIOLENCE MUST BE IMMEDIATE, ACTUAL OR IMMINENT

OTHERWISE, THE CRIME IS GRAVE THREAT

THERE IS NO GRAVE COERCION WHEN THE ACCUSED ACTS IN GOOD FAITH IN THE PERFORMANCE OF
HIS DUTY

COERCION IS CONSUMMATEAD EVEN IF THE VICTIM DID NOT ACCEDE TO THE PURPOSE OF THE
CONDITION

- There is NO frustrated coercion

COERCION VS ILLEGAL DETENTION

- The essential element of the crime of illegal detention is actual confinement or restraint of a
person that deprives the victim of his liberty

WHEN THE PURPOSE IS TO PREVENT THE INMATES FROM LEAVING THE PREMISES (WITH THREAT OF
DEATH)  GRAVE COERCION

COERCION VS MALTREATMEANT OF PRISIONER

1. If violence is committed against a suspect  coercion

2. If violence is committed against a prisoner  maltreatment of prisoner

WHEN PRISION MAYOR SHALL BE IMPOSED (HIGHER PENALTY)

1. Coercion is committed in violation of the exercise of the right to suffrage

2. Coercion is committed to compel another to perform any religious act
3. Coercion is committed to prevent another from performing any religious act

ARTICLE 287. LIGHT COERCIONS

ELEMENTS

1. Offender must be a creditor

2. He seizes anything belonging to his debtor
3. Seizure of the thing be accomplished by means of violence or a display of material force
producing intimidation
4. Purpose of the offender is to apply the same to the payment of the debt

1ST PARAGRAPH

- Offender seized anything belonging to his debtor by means of violence to apply the same to the
payment of the debt
 o Example: The offender demanded from the victim of the latter’s debt, but he had no
money with which to pay him. With his cargadores, the offender took from the store of
the victim all the goods which the latter had. The offender ignored the opposition of the
victim who could not do anything because the offender had a revolver. The goods were
forcibly taken away by the offender (US vs Tupular)
- Note: if the offender seized anything to his debtor by means of violence, to hold it merely as
security for the payment of the debt  Art 287 par 1 is not applicable
- The offender must be a creditor of the offended party
o If there is a joint ownership  offender is not guilty of light coercion

2ND PARAGRAPH — UNJUST VEXATION

- Any human conduct that does not produce physical or material harm, but unjustly annoy an
innocent person

ARTICLE 288. OTHER SIMILAR COERCIONS (COMPULSARY PURCHASE OF MERCHANDISE AND

PAYMENT OF WAGES BY MEANS OF TOKENS)

ACTS PUNISHED

1. Forcing or compelling directly or indirectly, or knowingly permitting the forcing or compelling of

the employee of the offender to purchase merchandise or commodities of any kind from him
i. ELEMENTS
1. Offender is any person, agent or officer of any association or
corporation
2. He or the firm employed employees
3. He forces or compels to purchase merchandise or commodities of any
kind from him or the firm
2. Paying the wages due his laborer or employee by means of tokens or objects other than legal
tender currency of the Philippines
a. UNLESS expressly requested by such employee
i. ELEMENTS
1. Offender pays the wages due a laborer or employee employed by him
by means of tokens
2. Those tokens or objects are not legal tender currency of the Philippines
3. Such employee does not expressly request that he be paid by means of
tokens

ARTICLE 289. FORMATION. MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR

LABOR THROIUGH VIOLENCE OR THREATS

ELEMENTS

1. Offender employs violence or threats, in such a degree as to compel or force the laborers or
employers in the free legal exercise of their industry or work
2. Purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or
lockout of employers
NOTE:

- The act should not be a more serious offense

o If death or some serious physical injuries are caused  they are punished in accordance
with the other provisions of the Code

PEACEFUIL PICKETING IS NOT PROHIBITED

- Peaceful picketing is part of freedom of speech

EMPLOYING VIOLENCE OR MAKING THREAT BY PICKETERS MAY MAKE THEM LIABLE FOR COERCION

- No person engaged in picketing shall commit any act of violence, coercion or intimidation or
obstruct the free ingress to or egress from the employer’s premises for lawful purposes, or
obstruct public thoroughfares (Art 279 LC)

PREVENTING EMPLOYEE FROM JOINING ANY REGISTERED LABOR ORGANIZATION IS PUNISHED

UNDER LC NOT UNDER RPC

- ULP of employer
o Interfere with, restrain or coerce employees in the exercise of their right to self-
organization
o Require as a condition of employment that a person or an employee shall not join a
labor organization or shall withdraw from one to which he belong

ARTICLE 290. DISCOVERING SECRETSA THROUGH SEIZURE OF CORRESPOINDENCE

ELEMENTS

1. Offender is
a. Private individual
b. Public officer not in the exercise of his official function
2. He seizes the papers or letters of another
3. Purpose is to discover the secrets of the victim
4. Offender is informed of the contents of the papers or letters seized

CIRCUMSTANCE QUALIFYING THE OFFENSE (HIGHER PENALTY)

- Offender reveals the contents to a 3rd person

ART 290 IS NOT APPLICABLE TO LETTERS OF MINORS OR SPOUSES

- This does not apply to parents, guardians, or persons entrusted with the custody of minors with
respect to papers or letters of the minors,
- Or to spouses with respect to the papers or letters of either of them

ARTICLE 291. REVEALING SECRETS WITH ABUSE OF OFFICE

ELEMENTS

1. Offender is a manager, employee, or servant

2. He learns the secrets of his principal or master in suich capacity
 3. He revels such secrets

SECRETS MUST HAVE TRO COME TO THEIR KNOWLEDGE BY REASON OF THEIR OFFICE OR POSITION

NOTE: DAMAGE IS NOT NECESSARY

ARTICLE 292. REVELATION OF INDUSTRIAL SECRETS

ELEMENTS

1. Offender is a person in charge, employee or workman of a manufacturing or industrial

establishment
2. The manufacturing or industrial establishment has a secret of the industry which the offender
has learned
3. Offender reveals such secrets
4. Prejudice is caused to the owner

SECRETS MUST RELATE TO MANUFACTURING PROCESSES