Title IX - Crimes Against Personal Liberty & Security

Prof. Ildefonso R. Jimenez U.P. College of Law

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2 classes of felonies
Crimes against: 1.Personal liberty 2.Personal security

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Crimes against personal liberty

Kidnapping & illegal detention Unlawful arrest Slavery

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Art. 267 - Kidnapping & Serious Illegal Detention

Detain or deprive of liberty
1. Longer than 3 days 2. Simulating public authority 3. Inflict serious physical injuries upon, or threaten to kill, person detained 4. Kidnap minor (except by parents), female, or public officer

RP to Death; Death if for ransom, or victim dies or is killed, raped, or tortured

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To detain
Actus reus
Isolate from escape, rescue, or release Against persons will Need not be in enclosed place

Mens rea to deprive of liberty

cf. abduction, sedition, coercion, or detention incident to other felonies

No legal authority; otherwise, Arbitrary Detention

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Ransom
Demand for money or other valuable consideration in exchange for release
Includes payment of debt US v. Kamad Akiram

Actual payment not necessary

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Art. 268 Slight Illegal Detention

Detain w/o circumstances of Art. 267 Same penalty for person who furnishes place (not as accomplice) Lower penalty if voluntary release w/in 3 days, objective not attained, AND before charges filed
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Not escape or rescue NA to Art. 267

Art. 269 Unlawful Arrest

Arrest or detain another w/o legal authority w/ intent to deliver to proper authorities
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Art. 270 Failure to Return a Minor

Person entrusted w/ custody of a minor Deliberately fail to return minor to parents or guardian

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Art. 271 Inducing a minor to abandon his home

Must be efficient inducement

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Involuntary servitude
Art. 272 Slavery
purchase, sell, kidnap, or detain a human being to enslave him (PM) if for immoral traffic, maximum period

Art. 273 Exploitation of Child Labor

Retain in service (but not detain) a minor against his will to pay debt of ascendant

Art. 274 - Forced labor

Farm worker or household servant to pay debt
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Involuntary servitude
Art. 272 Slavery
purchase, sell, kidnap, or detain a human being to enslave him (PM) if for immoral traffic, maximum period

Art. 273 Exploitation of Child Labor

Retain (but not detain) a minor in service to pay debt of ascendant against the latters will

Art. 274 Force debtor to work as farm worker or household servant to pay debt
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Anti-trafficking in Persons Act of 2003 - R.A. No. 9208

(a) Recruit, transport, harbor, or receive person by any means, for prostitution, pornography, sexual exploitation, slavery, or debt bondage; (b) (c) Filipina brides for sale; Sex tours;

(e) Maintain or hire a person to engage in prostitution or pornography; (f) Adoption for sexual exploitation, pornography, slavery, or debt bondage; (g) Recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for removal or sale of organs; and
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(h)

Recruit, transport or adopt a child to engage in d ti iti i th Phili i b d

Qualified trafficking
(a) Trafficked person is a child; (b) Adoption is effected through R.A. 8043 (InterCountry Adoption Act of 1995) and purpose is prostitution, pornography, slavery, etc.; (c) By a syndicate (by 3 or more persons in conspiracy) or in large scale (against 3 or more persons, individually or as a group); (d) By ascendant, sibling, guardian or person who exercises authority over the trafficked person, or by public officer or employee; (e) For prostitution with any member of the military or law enforcement agencies;
17 March 2011 (f) Offender is a member of the military or law enforcement14 agencies; and

Penalties under RA 9208

Trafficking 20 years and fine of Php1M - 2M Qualified trafficking - life imprisonment and fine of Php2M - 5M
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Crimes against personal security

Abandonment Art. 275-277 Exploitation of minors Art. 278 Trespass Art. 280-281 Threats Art. 282-285 Coercion Art. 286-287 Discovery & Revelation of Secrets Art. 290-292

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Art. 275 - Abandonment of helpless persons

Fail to assist person: a.Found in uninhabited place, wounded or in danger of dying, AND can help w/o endangering oneself; b.Injured by accident; c.Abandoned child <7 yrs
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Art. 276 - Abandonment of minors

Elements
abandon child <7 yrs old offender responsible for custody higher penalty if child dies, lower if in danger only BUT w/o intent to kill
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Art. 277 - Abandonment of minors

Responsible for rearing & education
a) Deliver minor to public institution, w/o consent of person who entrusted minor to his care; b) Parents who neglect to provide education suited to their status & means (indifference)
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Art. 278 - Exploitation of Minors (1/2)

Making minors <16 (or descendants <12) perform in circus acts

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Art. 278 - Exploitation of Minors (2/2)

Deliver children, descendant, or ward to circus owner, habitual vagrant, or beggar; aggravating if for money Induce minor to abandon home to join 17 March 2011 a circus, habitual t b

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Crimes against personal liberty and security of minors

Art. 267 Serious Illegal Detention Art. 270 Failure to Return a Minor
Person entrusted w/ custody of a minor Deliberately fail to return minor to parents or guardian

Art. 271 Inducing a minor to abandon his home

Efficient inducement

Art. 273 Exploitation of child labor Art. 276 277 Abandonment & indifference Art. 278 - Exploitation
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Illegal Trespass

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Simple trespass to dwelling - Art. 280, par. 1

Elements Private person Enters dwelling Against owners will

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Qualified trespass to dwelling - Art. 280, par. 2 Entry thru violence or intimidation
Except in an emergency

If by public officer Violation of Domicile (Art. 128)

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Other trespass Art. 281

Entry into closed premises or fenced estates w/c are uninhabited Prohibition to enter manifest W/o permission of owner or caretaker
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Threats

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Threat
Threaten to inflict harm on another person, his property, his honor, or those of his family

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Grave Threats Art. 282

Elements
Harm amounts to a crime Demand for money or any other condition

Higher penalty if offender achieves his purpose Aggravating if in writing or thru middleman Lighter penalty if w/o condition

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Threaten harm not a crime Demand for money or other condition e.g. blackmail or extortion

Light Threats Art. 283

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Other Light Threats Art. 285

Threaten another w/ a weapon Oral threat made in anger and w/ demonstrated desistance Oral threat of harm not a felony

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Threats
Art. 284 - Bond for good behavior for both grave & light threats

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Coercions
No man may take the law into his own hands.
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 Elements

Grave Coercion Art. 286

Prevent act not prohibited by law, or compel act against his will, whether right or wrong By violence, threat or intimidation w/o legal authority

1 higher if religious act or ceremony

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Grave Coercion Art. 286 cf. coercion incident to other felonies involving violence

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Light Coercions Art. 287

1. Seize property of debtor thru violence 2. Unjust vexation

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Other coercions
Art. 288 - 289 REPEALED by the Labor Code

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Detention, coercion, & threat

Distinct felony or element of a felony? Intent of offender?

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Discovery & Revelation of Secrets

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Seizure of correspondence Art. 290

Elements
Private person Seize papers or letters Intent to discover secrets Reveal contents; lower penalty if contents not revealed

Damage not required NA to spouses & parents wrt minor child

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Reveal secrets w/ abuse of office A291

Manager, employee or servant Learns secrets of principal Reveals secrets Damage not necessary

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Reveal industrial secrets Art. 292

Manager or employee Manufacturing or industrial firm Reveal industrial secrets To the companys damage

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Anti-wiretapping Act - R.A. No. 4200

Tap wire or cable or use device to overhear, intercept, or record private conversation w/o consent of all parties Possess, replay, reveal contents, or give transcripts Except upon court order Inadmissible in evidence Garcillano vs. Arroyo . . . dream on . . . Garcillano vs House Committee on Public Information

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Any questions?
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