CRIMES AGAINST

PERSONAL LIBERTY AND Essence of the crime of

SECURITY kidnapping
KIDNAPPING ANART. 267 The essence of the crime of
Elements (BAR 2006) kidnapping is the actual
1. Offender is a private individual deprivation of the victim’s liberty,
who is not any coupled with the intent of the
of the parents of the victim; accused to effect it (People v.
2. He kidnaps or detains another, Jacalne y
or in any other manner deprives Gutierrez, G.R. No. 168552,
the latter of his liberty; October 3, 2011).
3. Act of detention or kidnapping
must be illegal; and When detention is considered
4. In the commission of the illegal
offense, any of the following The detention punished in this
circumstances is present: (BAR article is considered illegal when
2009) such detention is not ordered by a
a. Kidnapping or detention lasts competent authority or not
for more than 3 days; (BAR 2014) permitted by law.
b. It is committed simulating
public authority; Crimes that may be possibly
c. Any serious physical injuries are committed when a person is
inflicted upon the person transported from one place to
kidnapped or detained or threats to another
kill him are made; or 1. Forcible abduction – If a
d. The person kidnapped or woman is transported from one
detained is a minor, female, or a place to another by virtue of
public officer. (BAR 1991, 2005) restraining her of her liberty and
NOTE: In case of a minor, the that act is coupled with lewd
kidnapper must not be one of the designs.
parents. For the crime of 2. Kidnapping with serious illegal
kidnapping to exist, there must be detention – If a woman is
indubitable proof that the actual transported just to restrain her
intent of the liberty. There is no lewd design or
malefactors was to deprive the intent.
offended party of her liberty, and 3. Grave coercion – If a woman is
not where such restraint of her carried away just to break her will,
freedom of action was merely to compel her to agree to demand
incident in the commission of or request by the offender.
another offense primarily intended
by the offenders (People v. Puno, Deprivation as contemplated in
G.R. No. 97471, February 17, Article 267
1993).
Deprivation required by Article been repeatedly held that if the
267 of the RPC means not only the victim is a minor, the duration of
imprisonment of a person, but also his detention is immaterial (People
the deprivation of his liberty in v. Jacalne, G.R. No. 168552,
whatever form and for whatever October 3, 2011).
length of time. It involves a ---
situation where the victim cannot ---
go out of the place of confinement Q: Anniban and Lerio are
or detention or is restricted or neighbors. Lerio entered the
impeded in his liberty to move. If house of Anniban, laid down
the victim is a child, it also beside the infant child of
includes the intention of the Anniban and began chatting
accused to deprive the parents of with her. Lerio then told
the custody of the child (People v. Anniban that she would take the
Baluya y Notarte, G.R. No. infant outside to bask him under
181822, April 13, 2011). the morning sun but the latter
--- refused. A few minutes later,
Q: Jomarie, a minor, was Anniban realized that Lerio and
dragged to the house of her child were no longer in the
Gutierrez after she refused to go house. After searching, Anniban
with him. Upon reaching the found her infant child, Lerio’s
house, he tied her hands. When boyfriend, and Lerio on board a
Jomarie pleaded that she be vessel. Lerio, together with co-
allowed to go home, accused were charged with
he refused. Although Jomarie Kidnapping of a Minor. Are
only stayed outside the house, it they liable as charged?
was inside the gate of a fenced
property which is high enough A: YES. All the elements of
such that people outside could kidnapping under Art. 267, par. 4
not see what happens inside. are present. The prosecution has
Was there kidnapping? adequately and satisfactorily
proven that accusedappellant is a
A: YES. When Gutierrez tied the private individual; that
hands of Jomarie, the former’s accusedappellant took one-month
intention to deprive Jomarie of her old baby Justin Clyde from his
liberty has been clearly shown. For residence, without the knowledge
there to be kidnapping, it is or consent of, and against the will
enough that the victim is of his mother; and that the victim
restrained from going home. was a minor, one-month old at the
Because of her tender age, and time of the incident, the fact of
because she did not know her way which accusedappellant herself
back home, she was then and there admitted (People v. Lerio, G.R.
deprived of her liberty. It has No. 209039, December 09, 2015).
--- Demand for ransom is not
--- necessary to consummate the
Q: Suppose the kidnapped crime
victim disappeared, will such
disappearance negate criminal Asking for ransom money is not
liability of the kidnappers? an element of the offense. If the
A: NO, because in kidnaping, the purpose of kidnapping is to extort
essential element is deprivation of ransom even if there is no actual
the victim’s liberty and the demand, then it will aggravate the
subsequent disappearance of the penalty.
victim will not exonerate the
Qualifying circumstances of the
accused from prosecution.
crime of kidnapping and serious
Otherwise, kidnappers can easily
illegal detention
avoid punishment by the simple
1. If the purpose of the kidnapping
expedient of disposing of their
is to extort ransom;
victim’s bodies.
NOTE: If the victim is kidnapped
---
and illegally detained for the
Effect of the voluntary release of
purpose of extorting ransom, the
the victim on the criminal
duration of his detention is
liability of the kidnappers (BAR
immaterial (People v. Ramos, G.R.
2004)
No. 178039 January 19,
1. If it is serious illegal detention,
2011).
the voluntary release has no effect
2. When the victim is killed or dies
on the criminal liability of the
as a consequence of the detention;
offenders.
3. When the victim is raped; or
2. If it is slight illegal detention,
4. When the victim is subjected to
the voluntary release will mitigate
torture or dehumanizing acts.
the criminal liability of the
NOTE: If the victim is a woman
offenders.
or a public officer, the detention is
3. In kidnapping for ransom,
always serious no matter how
voluntary release will not mitigate
short the period of detention is.
the crime.
Special complex crimes that may
Ransom
arise in kidnapping
Ransom is the money, price or
1. Kidnapping with murder or
consideration paid or demanded
homicide
for the redemption of a captured
2. Kidnapping with rape
person or persons, the payment of
3. Kidnapping with physical
which releases them from
injuries
captivity. This is true even though
what is being demanded is due to
the offender such as debt or rent.
Construction of the term ---
homicide in the last paragraph When the taking of the victim is
of Art. 267 only incidental to the basic
purpose to kill
Homicide is used in the generic
sense and includes murder because The crime is murder and not the
the killing is not treated as a special complex crime of
separate crime but a qualifying kidnapping with homicide because
circumstance. the primordial intent is to kill the
--- victim and the deprivation of
Q: Rafael was forcibly dragged liberty is merely incidental thereto.
and poked with a gun by the
accused. Upon Rosalina’s plea When other persons, not the
for pity due to Rafael’s existing victims themselves, are killed on
heart ailment, Rosalina was the occasion of kidnapping
allowed to apply CPR. Later
that afternoon, while being Two separate crimes of murder or
detained inside a room, homicide and kidnapping are
unknown to Rosalina, Rafael committed. The killing would be
had just died and his body was treated as a separate crime.
placed inside the trunk of a car. ---
What crime was committed? ---
A: The special complex crime of Q: Sexy boarded a taxi on her
Kidnapping with Homicide due to way home from a party. Because
Republic Act No. 7659, which she was already tipsy, she fell
amended Article 267 of the asleep. Pogi, the taxi driver,
Revised Penal Code. As decided to take advantage of the
expounded in People v. Ramos, situation and drove Sexy to a
Where the person kidnapped is deserted place where he raped
killed in the course of the her for a period of two (2)
detention, regardless of whether weeks. What crime did Pogi
the killing was purposely sought commit?
or was merely an afterthought, the (BAR 2014)
kidnapping and murder or A: Pogi committed the special
homicide can no longer be complex crime of Kidnapping and
complexed under Art. 48, nor be Serious Illegal Detention with
treated as separate crimes, but Rape. All the elements of
shall be punished as a special Kidnapping and Serious Illegal
complex crime under the last Detention are present. Pogi, a
paragraph of Art. 267, as amended private individual, kidnapped and
by RA No. 7659 (People v. detained Sexy by bringing her to a
Montanir, et. al, G.R. No. 187534, deserted place. Said detention is
April 4, 2011). illegal and is serious because it
lasted for more than 3 days and the Committed by a
victim is a female.The special private person who
complex crime of Kidnapping and kidnaps, detains or
Serious Illegal Detention with otherwise deprives
Rape resulted because Sexy, the another of his
victim of the kidnapping and liberty.
detention, was raped as a Committed by a public
consequence of the detention. officer who detains a
(Article 267, last par., RPC) Since person without legal
it is a special complex crime, grounds.
regardless of the number of times Crime is against
the victim had been raped, there is personal liberty and
only one single indivisible offense security.
of Kidnapping and Serious Illegal Crime against the
Detention with Rape. fundamental law of the
--- State.
--- SLIGHT ILLEGAL
Q: If the crime of kidnapping DETENTION
was committed through ART. 268
conspiracy and rape was ElementsCriminal Law
committed on the occasion 202
thereof, but one of the 1. Offender is a private individual;
conspirators were no longer 2. He kidnaps or detains another,
associated with the one who or in any other
raped the victim, can he be held manner deprives him of his
liable for kidnapping with rape? liberty;
A: NO. There was no opportunity 3. Act of kidnapping or detention
to prevent his coconspirators from is illegal; and
raping the victim because at the 4. Crime is committed without the
time of rape, he was no longer attendance of
associated with his co- any of the circumstances
conspirators. He cannot be held enumerated in Art.
liable for the subsequent rape of 267.
the victim (People v. Anticamara y NOTE: If there is a demand for
Cabillo et al, G.R. No. 178771, ransom the penalty
June 8, 2011). is Reclusion Perpetua to death just
--- like when what
Illegal Detention vis-à-vis was committed was serious illegal
Arbitrary Detention detention and a
ILLEGAL demand for ransom was made.
DETENTION Effect of the voluntary release of
ARBITRARY the victim on
DETENTION
the criminal liability of the delivering the person arrested to
kidnappers the proper
If the offender: (a) voluntarily authorities but it was made
releases the person without any reasonable
so kidnapped or detained within 3 grounds therefor.
days from the If the purpose is not to deliver the
commencement of the detention person to the
(b) without having proper authorities, the crime could
attained the purpose intended and be Illegal
(c) before the Detention under Art. 267 or 268 of
institution of criminal proceedings the Revised
against him, his Penal Code since the person
liability is mitigated. (BAR 1997, arrested would
2004) necessarily be deprived of his
No mitigation of the penalty is liberty.
allowed when the Persons liable under this article
proceedings have already been Offender is any person, whether a
instituted for in this public officer or a
case, the accused already acted private individual. However, the
because of fear public officer must
rather than repentance. not be vested with the authority to
UNLAWFUL ARREST arrest or detain
ART. 269 a person or must not act in his
Elements official capacity.
1. Offender arrests or detains Otherwise, Art. 124 is applicable
another person; and not Art. 269.
2. Purpose of the offender is to If the offender is a public officer
deliver him to the or a law enforcer
proper authorities; and and he arrested or detained,
3. Arrest or detention is not without legal or
authorized by law or reasonable ground, any person
there is no reasonable ground within his
therefor. jurisdiction for the purpose of
In unlawful arrest, the illegal delivering him to the
detention is only proper authorities, such officer is
incidental. However, if it is guilty of Arbitrary
arbitrary detention, it is Detention under Art. 124 of the
the unlawful arrest which is RPC. If the person
incidental. arrested or detained is not within
Essence of the crime of unlawful his jurisdiction,
arrest the officer’s act would constitute
The arrest must be made for the Unlawful Arrest
purpose of under this article.
Period of detention fixed by law Delay in the Delivery of
There is no period of detention Detained Persons vis-à-
fixed by law. What is vis Unlawful Arrest
controlling is the motive of the DELAY IN THE
offender. If his DELIVERY OF
purpose is to deliver him to the DETAINED PERSONS
proper authorities, UNLAWFUL ARREST
it is still unlawful arrest. But the Detention is for some
absence of this legal ground.
motive may be shown by the Detention is not
length of time the authorized by law.
victim is detained. Crime is committed
Crimes that may be committed by failing to deliver
if a person is such person to the
arrested and/or detained proper judicial
1. If the arrest is made without a authority within a
warrant and certain period.
under circumstances not allowing Committed by making
a an arrest not
warrantless arrest, the crime would authorized by law.BOOK II –
be CRIMES AGAINST
unlawful arrest. PERSONAL LIBERTY AND
2. If the person arrested is not SECURITY
delivered to the 203
authorities, the private individual KIDNAPPING AND FAILURE
making the TO RETURN A
arrest incurs criminal liability for MINOR
illegal ART. 270
detention under Art. 267 or 268. Elements (BAR 2002)
3. If the offender is a public 1. Offender is entrusted with the
officer, the crime is custody of a
arbitrary detention under Article minor person; and
124. 2. He deliberately fails to restore
4. If the detention or arrest is for a the said minor to
legal ground, his parents or guardians.
but the public officer delays While one of the essential
delivery of the elements of this crime is
person arrested to the proper that the offender was entrusted
judicial with the custody of
authorities, the crime is delay in the minor, what is actually being
the delivery of punished is not the
detained persons under Article kidnapping but the deliberate
125. failure of that person
to restore the minor to his parents AND SERIOUS
or guardians. As ILLEGAL
the penalty for such an offense is DETENTION
so severe, the KIDNAPPING
Court further explained that AND FAILURE
“deliberate” as used in TO RETURN A
Article 270 means something more MINOR
than mere As to
negligence- it must be relation
premeditated, headstrong, of
foolishly daring or intentionally offender
and maliciously to the
wrong (People v. Marquez, G.R. victim
No. 181440, April 13, Offender is not
2011). entrusted with
Crime can be committed by the the custody of
parents of the the victim.
minor Offender is
This happens where they live entrusted with
separately and the the custody of
custody of the minor is given to the minor.
one of them, the As to acts
other parent kidnaps such minor punished
from the one Illegally
having the lawful custody of the detaining or
child. kidnapping the
Absence of any of the elements minor.
of Art. 270 What is
If any of the elements of Art 270 is punished is the
absent, the deliberate failure
kidnapping of the minor will then of the offender
fall under Art. 267 having the
(kidnapping and serious illegal custody of the
detention), but if the minor to restore
accused is any of the parents, Art. him to his
267 will not apply. parents or
Arts. 270 and 271 will apply. guardian.
Kidnapping and serious illegal INDUCING A MINOR TO
detention v. ABANDON HIS HOME
kidnapping and failure to return ART. 271
a minor Elements
BASIS 1. A minor is living in the home of
KIDNAPPING his parents or
guardian or the person entrusted ART. 271
with his Cannot be committed
custody; and by the parents of the
2. Offender induces said minor to minor.
abandon such Parents can commit
home. this crime against
Inducement must be actual, their own children.
committed with SLAVERY
criminal intent, and determined by ART. 272
a will to cause ElementsCriminal Law
damage. The minor should not 204
leave his home of his 1. That the offender purchases,
own free will. sells, kidnaps or
Necessity that the minor actually detains a human being; and
abandon the 2. That the purpose of the offender
home to commit the crime is to enslave
It is not necessary that the minor such human being.
actually abandon If a person was obliged to render
the home to commit the crime. service in
What constitutes the another’s house as a servant
crime is the act of inducing a without remuneration
minor to abandon his whatever and to remain there so
home or the home of his guardians long as he has not
and it is not paid his debt, the crime of slavery
necessary that the minor actually is committed
abandons the (Reyes v. Alojado, G.R. No. 5671,
home. August 24, 1910).
Rationale for penalizing the Qualifying circumstance in the
crime of inducing a crime of Slavery
minor to abandon his home When the purpose of the offender
It is intended to discourage and is to assign the
prevent disruption offended party to some immoral
of filial relationship and undue traffic. E.g.,
interference with the Prostitution.
parents’ right and duty to the Slavery vis-à-vis white slave
custody of their minor trade
children and to rear them. SLAVERY
Kidnapping and serious illegal WHITE SLAVE TRADE
detention (Art The offender is not
167) vis-à-vis Inducing a minor engaged in
to abandon his prostitution.
home (Art 271) The offender is engaged
ART. 267 in prostitution.
Slavery vis-à-vis Illegal ART. 274
detention Elements (BAR 2006)
SLAVERY 1. Offender compels a debtor to
ILLEGAL DETENTION work for him,
The purpose for the either as household servant or
detention is to farm laborer;
enslave the offended 2. It is against the debtor’s will;
party. and
The purpose is to 3. The purpose is to require or
deprive or restrain the enforce the
offended party of his payment of a debt.
liberty. NOTE: If there is no creditor-
In both, the offended party is debtor relationship
detained. between the offender and the
EXPLOITATION OF CHILD offended party,
LABOR coercion is committed.
ART. 273 Art. 273 vis-à-vis Art. 274
Elements (BAR 2006, 2009) ART. 273
1. Offender retains a minor in his ART. 274
service; Victim is a minor.
2. It is against the will of the Does not distinguish
minor; and whether victim is a
3. It is under the pretext of minor or not.
reimbursing himself of Minor is compelled to
a debt incurred by an ascendant, render services for the
guardian or supposed debt of his
person entrusted with the custody parent or guardian.
of such Debtor himself is the
minor. one compelled to
NOTE: Indebtedness is not a work for the
ground for detention. offender
However if the minor consents to Service of minor is not
render service limited to household
and be retained under the pretext and farm work.
of reimbursing a Limited to household
debt incurred, there is no crime. and farm work.
The debt must be ABANDONMENT OF
that incurred by the ascendants, PERSONS IN DANGER AND
guardian or ABANDONMENT OF ONE’S
custodian of the minor. OWN VICTIM
SERVICES RENDERED ART. 275
UNDER COMPULSION IN Punishable acts
PAYMENT OF DEBT
1. Failing to render assistance to It is determined by possibility of
any person person receiving
whom the offender finds in an assistance from another. Even if
uninhabited there are many
place wounded or in danger of houses around the place, it may
dying when he still be uninhabited
can render such assistance without if the possibility of receiving
detriment assistance is remote.
to himself, unless such omission ABANDONING A MINOR
shall constitute ART. 276
a more serious offense. Elements
Elements: 1. Offender has the custody of the
a. The place is not inhabited; child;
b. Accused found there a person 2. Child is under 7 years of age;
wounded or 3. He abandons such child; and
in danger of dying; 4. He has no intent to kill the child
c. Accused can render assistance when the latter
without is abandoned.
detriment to himself; and Kind of abandonment
d. Accused fails to render contemplated by law
assistance. Not the momentary leaving of a
2. Failing to help or render child but the
assistance to another abandonment of such minor that
whom the offender has deprives him of
accidentally wounded the care and protection from
or injured. danger to his person.
The character of the place is A permanent, conscious and
immaterial. deliberate
3. Failing to deliver a child under abandonment is required in this
7 years of age article. There must
whom the offender has found be an interruption of the care and
abandoned, to the protection that a
authorities or to his family, or child needs by reason of his tender
failing to take him age.
to a safe place. BOOK II – Presence of intent to kill on the
CRIMES AGAINST part of the
PERSONAL LIBERTY AND offender and the child dies
SECURITY The crime would be murder,
205 parricide, or
It is immaterial that the offender infanticide, as the case may be. If
did not know the child does not
that the child is under 7 years. die, it is attempted or frustrated
Uninhabited place murder, parricide
or infanticide, as the case may be. the consent of the proper
Intent to kill cannot be presumed authorities; and
from the death the 2. Neglecting one’s children by
child. The ruling that intent to kill not giving them the
is conclusively education which their station in
presumed from the death of the life requires
victim is applicable and financial condition permits.
only to crimes against persons and Elements of the crime of
not to crimes abandonment of minor
against security, particularly the by one charged with the rearing
crime of or education of
abandoning a minor under Art. said minor
276. 1. Offender has charge of the
Qualifying circumstances under rearing of education
Art. 276 of a minor;
1. When death of the minor 2. He delivers said minor to a
resulted from such public institution or
abandonment. other persons; and
2. If the life of the minor was in 3. One who entrusted such child to
danger because of the offender
the abandonment. has not consented to such act; or if
If the offender is the parent of the the one who
minor who is entrusted such child to the
abandoned, he shall be deprived of offender is absent,
parental the proper authorities have not
authority. consented to it.
ABANDONMENT OF MINOR Only the person charged with the
BY A PERSON rearing or
ENTRUSTED WITH HIS education of the minor is liable.
CUSTODY; Elements of the crime of
INDIFFERENCE OF indifference of parents
PARENTS 1. Offender is a parent;
ART. 277 2. He neglects his children by not
Acts punished under Art. 277 giving them
1. Delivering a minor to a public education; and
institution or 3. His station in life requires such
other persons without the consent education and
of the one his financial condition permits it.
who entrusted such minor to the For the parents to be penalized for
care of the the crime of
offender or, in the absence of that Indifference of Parents, it must be
one, without shown that they
are in a position to give their abandoned in
children the education such a way as
in life, and that they consciously to deprive
and deliberately him of the
neglect their children. care and
Abandonment of Minor by protection
Person Entrusted that his
with his Custody; Indifference of tender years
Parents (Art. need.
277) vis-à-vis Abandoning a EXPLOITATION OF MINORS
Minor (Art. 276) ART. 278
BASIS Punishable acts
ART. 227 1. Causing any boy or girl under
ART. 276 16 to perform any
As to custody dangerous feat of balancing,
The custody physical strength
of the or contortion, the offender being
offender is any person;
specific, that 2. Employing children under 16
is, the custody years of age who
for the rearing are not the children or descendants
or education of the
of the minor. offender in exhibitions of acrobat,
The custody gymnast,
of the minor rope walker, diver, or wild animal
is stated in tamer, the
general.Criminal Law offender being an acrobat, etc., or
206 circus
As to age manager or person engaged in any
Minor is of said
under 18 callings;
years of age. 3. Employing any descendant
Minor is under 12 years of
under 7 years age in dangerous exhibitions
of age. enumerated in the
As to next preceding paragraph, the
abandonment offender being
Minor is engaged in any of the said
delivered to a callings;
public 4. Delivering a child under 16
institution or years of age
other person. gratuitously to any person if any of
Minor is the callings
enumerated in paragraph 2, or to committed if the employer is a
any habitual parent or ascendant
vagrant or beggar, the offender unless the minor is less than 12
being an years old.
ascendant, guardian, teacher or If the employer is an ascendant,
person the law regards that
entrusted in any capacity with the he would look after the welfare
care of such and protection of
child; and the child. Hence, the age is
5. Inducing any child under 16 lowered to 12 years.
years of age to Below that age, the crime is
abandon the home of its committed.
ascendants, guardians, Qualifying circumstance under
curators or teachers to follow any Art. 277
person If the delivery of the child to any
entrusted in any of the callings person following
mentioned in any of the callings of acrobat,
par. 2 or to accompany any gymnast, rope-walker,
habitual vagrant or diver, wild-animal tamer or circus
beggar, the offender being any manager or to
person. any habitual vagrant or beggar is
NOTE: The exploitation of the made in
minor must be of such consideration of any price,
nature as to endanger his life or compensation or
safety in order to promise, the penalty is higher.
constitute the offense described in Exploitation of Minors (Art. 278,
this article. Par. 5) vis-à-vis
Kind of business contemplated Inducing a Minor to Abandon
under Art. 278 his Home
Art. 278 contemplates a business (Art.271)
that generally ART. 278,PAR. 5
attracts children so that they ART. 271
themselves may enjoy The purpose of inducing the
working there unaware of the minor to abandon the home
danger to their own is to follow any person
lives and limb, such as circuses. engaged in any of the
When the employer is the parent callings mentioned.
or ascendant of No such person.
the child who is already 12 years Victim is under 16 years of
of age age.
The crime of exploitation of Victim is under
minors is not 18 years of age.
Correlation of exploitation of physical, and
minors to RA 7610 mental BOOK II – CRIMES
(Special Protection of Children AGAINST PERSONAL
against Child LIBERTY AND SECURITY
Abuse, Exploitation and 207
Discrimination Act) development of
BASIS the minor.
EXPLOITATION As to
OF MINORS liability of
RA 7610 employer
As to its If the child fell
application and suffered
Applies to physical injuries
minors below while working,
16 years of age. the employer
Applies to shall be liable
minors below for said physical
18 years old. injuries in
As to addition to his
danger to liability for
the child exploitation of
The business is minors.
of such kind No such similar
that would provision exists
place the life or under RA 7610.
limb of the Criminal liability for neglect of
minor in child under Art.
danger, even 59 (4) of PD 603 attaches if any
though working of the parents is
for him is not guilty of neglecting the child’s
against the will education
of the minor. The crime may be committed by
As long as the any of the parents.
employment is Liability for the crime does not
inimical – even depend on whether
though there is the parent is also guilty of
no physical risk neglecting his/her child.
– and The law intends to punish the
detrimental to neglect of any parent,
the child’s which neglect corresponds to the
interest – failure to give the
against moral, child the education which the
intellectual, family’s station in life
and financial condition permit. If the offender is a public officer
The irresponsible If the offender is a public officer
parent cannot exculpate or employee, the
himself/herself from the entrance into the dwelling against
consequences of his/her neglect by the will of the
invoking the occupant is violation of domicile
other parent’s faithful compliance punishable under
with his or her Art. 128.
own parental duties (De Guzman Dwelling
v. Perez, G.R. No. Dwelling is a place that a person
156013, July 25, 2006). inhabits or any
NOTE: The neglect of child building or structure exclusively
punished under Art. devoted for rest
59(4) of PD 603 is also a crime and comfort. Whether a building is
(known as a dwelling house
indifference of parents) penalized or not depends upon the use. It
under the second includes the
paragraph of Art.277 of the RPC dependencies which have interior
(De Guzman v. communication
Perez, G.R. No. 156013, July 25, with the house. It is not necessary
2006). Hence, it is that it be a
excluded from the coverage of RA permanent dwelling of a person.
7610. NOTE: In general, all members of
ADDITIONAL PENALTIES the household
FOR OTHER OFFENSES must be presumed to have
ART.279 authority to extend an
The offender is not only liable for invitation to enter the house.
the abandonment “Against the will”
or exploitation but also for all its Against the will means that the
consequences. If as entrance is either
a result, physical injuries or death expressly or impliedly prohibited.
resulted, another NOTE: There must be an
crime is committed by authority of opposition on the part of
Art. 279. the owner of the house to the entry
QUALIFIED TRESPASS TO of the accused.
DWELLING Lack of permission does not
ART. 280 amount to prohibition.
Elements (BAR 2002, 2009) Instances where prohibition to
1. Offender is a private person; enter a dwelling
2. He enters the dwelling of is implied or presumed
another; and 1. Entering a dwelling of another
3. Such entrance is against the at late hour of
latter’s will. the night.
2. When the entrance is made house immediately after entrance.
through means not Examples of trespass by means
intended for ingress. of intimidation
3. The existence of enmity or 1. Firing a revolver in the air by
strained relations persons
between the accused and the attempting to force their way into
occupant. a house.
4. The door is closed even if it is 2. The flourishing of a bolo
not locked. against inmates of the
Qualifying circumstance of the house upon gaining an entrance.
offense Trespass to dwelling may be
If the offense is committed by committed by the
means of violence or owner of the house
intimidation, the penalty is higher. In cases where the owner has
If violence or intimidation is allowed the rooms or
employed, there is no the houses to be rented by other
need for prohibition. In fact, even persons, trespass
if violence or to dwelling is committed if the
intimidation took place owner thereof enters
immediately after the the room or house without the
offender has entered the dwelling, knowledge and
there is Qualified consent and against the will of the
Trespass to Dwelling (U.S. v. boarder or
Abanto, G.R. No. 5266, tenant.
February 16, 1910; U.S. v. Arceo, Circumstances when the crime
G.R. No. 1491, March of trespass to
5, 1904). dwelling is not committed (BAR
Examples of trespass by means 2006)
of violence 1. When the purpose of the
1. Pushing the door violently and entrance is to prevent
maltreating the serious harm to himself, the
occupants after entering. occupant or third
2. Cutting of a ribbon string with persons.
which the door 2. When the purpose of the
latch of a closed room was offender in entering is
fastened. The cutting Criminal to render some service to
Law humanity or justice.
208 3. Anyone who shall enter cafes,
of the fastenings of the door was taverns, inns and
an act of other public houses while they are
violence. open.
3. Wounding by means of a bolo, Crimes that may be committed
the owner of the when a person
trespasses a dwelling another
1. If the purpose in entering the against
dwelling is not latter’s will.
shown, trespass is committed. Offender
2. If the purpose is shown, it may either enters
be absorbed in the dwelling of
the crime as in robbery with force another
upon things, against the
the trespass yielding to the more latter’s will
serious crime. and without
3. But if the purpose is not shown judicial order,
and while inside searches
the dwelling he was found by the papers and
occupants, other effects
one of whom was injured by him, found therein
the crime without
committed will be trespass to previous
dwelling and consent from
frustrated homicide, physical the owner,
injuries, or if refuses to
there was no injury, unjust leave the
vexation. dwelling when
Violation of dwelling vis-à-vis requested by
trespass to the owner
dwelling after having
BASIS surreptitiously
TRESPASS entered the
TO same.
DWELLING Circumstance
VIOLATION Qualifying
OF the Offense
DWELLING Offense is
As to offender committed by
Offender is a means of
private violence and
person. intimidation.
Offender is a Offense is
public officer. committed at
As to night-time;
commission any papers or
Offender effects not
enters the constituting
dwelling of evidence of a
crime are not As to
returned offender
immediately Offender is a
after the private person.
search made Offender is any
by the person.
offender. As to
OTHER FORMS OF commission
TRESPASS TO DWELLING Offender
ART. 281 enters a
Elements dwelling house.
1. Offenders enter the closed Offender enters
premises or the closed
fenced estate of another; premises or
The term premises signifies fenced estate.
distinct and definite As to place
locality. It may mean a room, Place entered
shop, building or is inhabited.
definite area, but in either case, Place entered
locality is fixed. is uninhabited.
2. Entrance is made while either of As to act
them is constituting
uninhabited; the crime
A place is said to be uninhabited if Act
there is no constituting
one living on such place. BOOK the crime is
II – CRIMES AGAINST entering the
PERSONAL LIBERTY AND dwelling
SECURITY against the will
209 of the owner.
3. Prohibition to enter is manifest; Act
and constituting
4. Trespasser has not secured the the crime is
permission of entering the
the owner or the caretaker thereof. closed
Trespass to dwelling vis-à-vis premises or the
trespass to fenced estate without
property securing the
BASIS permission of
TRESPASS TO the owner or
DWELLING caretaker
TRESPASS TO thereof.
PROPERTY As to
prohibition Threat is a declaration of an
Prohibition to intention or
enter is determination to injure another by
express or the commission
implied. upon his person, honor or property
Prohibition to or upon that of
enter must be his family of some wrong which
manifest. may or may not
GRAVE THREATS amount to a crime.
ART. 282 Qualifying circumstance of the
Punishable acts offense
1. Threatening another with the If the threat is made in writing or
infliction upon through a
his person, honor or property or middleman, the penalty is to be
that of his imposed in its
family of any wrong amounting to maximum period.
a crime and Grave Threats vis-à-vis Light
demanding money or imposing Threats
any other GRAVE THREATS
condition even though not LIGHT THREATS
unlawful, and the When the wrong
offender attained his purpose; threatened to be
2. By making such threat without inflicted amounts to a
the offender crime.
attaining his purpose; and When the wrong
3. By threatening another with the threatened to be
infliction upon inflicted does not
his person, honor or property or amount to a crime.
that of his Threat vis-à-vis Coercion
family of any wrong amounting to THREAT
a crime, the COERCION
threat, not being subject to a Essence of threat
condition. is intimidation.
Essence of Grave Threats Essence of coercion is
Intimidation, to constitute grave violence or intimidation.
threats, must Wrong or harm
inspire terror or fear upon another. done is future and
It is conditional.
characterized by moral pressure There is no condition
that produces involved; hence, there is no
alarm. futurity in the harm or
Threat wrong done.
Threat vis-à-vis robbery
BASIS immediate.
THREAT directly
ROBBERY imminent to
As to the victim and
intimidation the
Intimidation is obtainment of
future and gain
conditional. immediate.
Intimidation LIGHT THREATS
is actual and ART.283
immediate. Elements
Intimidation may be 1. Offender makes a threat to
through an commit a wrong;
intermediary. 2. The wrong does not constitute a
Intimidation is personal. crime;
As to subject 3. There is a demand for money or
involved that other
May refer to condition is imposed, even though
the person, lawful; and
honor or 4. Offender has attained or has not
property. attained his
Refers to purpose.
personal NOTE: Light threat is in the
property. nature of blackmailing.
As to intent Possible crimes involving
to gain blackmailing
Intent to gain 1. Light threats – If there is no
is not an threat to publish
essential any libelous or slanderous matter
element. against the
There is offended party.
intent to gain. 2. Threatening to publish a libel –
As to danger If there is such a
of the threat threat to make a slanderous or
The danger to libelous
the victim is publication against the offended
The danger party.
involved is Criminal Law BONDS FOR GOOD
210 BEHAVIOR
not instantly ART. 284
imminent nor The person making the threats
the gain of the under the preceding
culprit
articles (grave and light threats) It is not subject to a demand for
may also be money or any
required by the court to give bail material consideration and the
conditioned upon wrong threatened
the promise not to molest the does not amount to a crime.
person threatened or GRAVE COERCIONS
not to pursue the threats he/she ART. 286
made. Punishable acts
If the person making the threat 1. Preventing another, by means of
failed to post a bond, violence,
such person can be sentenced to threat or intimidation, from doing
the penalty of something
destierro. not prohibited by law; and
OTHER LIGHT THREATS 2. Compelling another, by means
ART. 285 of violence,
Punishable acts threat or intimidation, to do
1. Threatening another with a something against
weapon, or by his will, whether it be right or
drawing such weapon in a quarrel, wrong.
unless it be Elements (BAR, 1998, 1999,
in lawful self-defense. Here, the 2009)
weapon must 1. A person prevented another
not be discharged; from doing
2. Orally threatening another, in something not prohibited by law,
the heat of anger, or that he
with some harm constituting a compelled him to do something
crime, without against his will,
persisting in the idea involved in be it right or wrong;
his threat; and 2. Prevention or compulsion be
3. Orally threatening to do another effected by
any harm not violence, threats or intimidation;
constituting a felony. and
In other light threats, there is no The threat must be present, clear,
demand for money imminent and
nor any condition imposed when actual. Such threat cannot be made
the offender in writing or
threatens the offended party. His through a middle man.
acts are limited to 3. Person that restrained the will
verbal threat during the incident and liberty of
involving him and another has no authority of law or
the offended party. the right to
Nature of other light threats do so.
NOTE: Coercion is consummated not be prohibited by law.
even if the When a person prohibits
offended party did not accede to another to do an act
the purpose of the because the act done is a crime,
coercion. The essence of coercion and violence and
is an attack on intimidation is employed
individual liberty. There is no grave coercion
Purpose of the law in punishing because the act from
grave coercion which a person is prevented from
The main purpose of the statute in doing is a crime.
penalizing Grace It may only give rise to threat or
Coercion is precisely to enforce physical injuries, if
the principle that no some injuries are inflicted.
person may take the law into his However, in case of grave
own hands and that coercion where the
ours is a government of law and offended party is being compelled
not of men (People to do something
v. Mangosing, CA-G.R. No. 1107- against his will, whether it be
R). wrong or not, the
When grave coercion occurs crime of grave coercion is
Grave coercion arises only if the committed if violence or
act which the intimidation is employed in order
offender prevented another to do is to compel him to
not prohibited do the act.
by law or ordinance. BOOK II – Qualifying circumstances of
CRIMES AGAINST Grave Coercion
PERSONAL LIBERTY AND 1. If the coercion is committed in
SECURITY violation of the
211 exercise of the right of suffrage.
Kinds of grave coercion 2. If the coercion is committed to
1. Preventive – The offender uses compel another
violence to to perform any religious act.
prevent the victim from doing 3. If the coercion is committed to
what he wants to prevent another
do. Here, the act prevented is not from performing any religious act.
prohibited by LIGHT COERCION
law. ART. 287
2. Compulsive – The offender uses Elements
violence to 1. Offender must be a creditor;
compel the offended party to do 2. He seizes anything belonging to
what he does his debtor;
not want to do. The act compelled 3. Seizure of the thing be
may or may accomplished by means
of violence or a display of material 2. Robbery – If the value of the
force property seized is
producing intimidation; and greater than that of the debt (intent
4. Purpose of the offender is to to gain is
apply the same to present in this case) and violence
the payment of the debt. and
In the crime of other light coercion intimidation are employed.
or unjust 3. Estafa – If there is no obligation
vexation embraced in par. 2 of Art. on the part of
287, violence is the offended party but was only
absent. Thus, taking possession of feigned. There
the thing is estafa because deceit is
belonging to the debtor, through employed.
deceit and COMPULSORY PURCHASE
misrepresentation for the purpose OF MERCHANDISE
of applying the AND PAYMENT OF WAGES
same to the payment of debt is BY MEANS OF
unjust vexation TOKENS
under the second paragraph of Art. ART. 288
287. Punishable acts and their
Unjust Vexation (BAR 1994, elements
2006, 2007, 2009, 1. Forcing or compelling, directly
2010) or indirectly or
Unjust vexation is any act knowingly permitting the act of
committed without forcing or
violence but which unjustifiably compelling of the laborer or
annoys or vexes an employee of the
innocent person. offender to purchase merchandise
In determining whether the crime or
of unjust vexation commodities of any kind from
is committed, the offender’s act him.
must have caused Elements:
annoyance, irritation, vexation, a. Offender is any person, agent or
torment, distress or officer of
disturbance to the mind of the any association or corporation;
person to whom it is b. He or such firm or corporation
directed. has
Resulting crimes when the employed laborers or employees;
property of a debtor and
is seized c. He forces or compels directly or
1. Light coercion – If by means of indirectly,
violence, the or knowingly permits to be forced
property is applied to the debt. or
compelled, any of his or its
laborers or
employees to purchase
merchandise or
commodities of any kind from him
or said
firm or corporation. (BAR 2014)
2. Paying the wages 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.
Elements:
a. Offender pays the wages due a
laborer or
employee employed by him by
means of
tokens or object;Criminal Law
212
b. Those tokens or objects are
other than the
legal currency of the Philippines;
and
c. Such employee or laborer does
not
expressly request that he be paid
by means
of tokens or objects.
NOTE: The use of tokens,
promissory notes,
vouchers, coupons, or any other
form alleged to
represent legal tender is absolutely
prohibited
even when expressly requested by
the
employee.