Professional Documents
Culture Documents
Crimes Against Personal Liberty and Security
Crimes Against Personal Liberty and Security
1. That the offender is entrusted with the custody of a minor person (whether over or
under 7 but less than 18 yrs old)
2. That he deliberately fails to restore the said minor to his parents
1. That the minor (whether over or under 7) is living in the home of his parents or
guardians or the person entrusted with his custody
2. That the offender induces a minor to abandon such home
Notes:
1. Inducement must be actual, committed with criminal intent and determined by a will to
cause damage
2. Minor should not leave his home of his own free will
3. Mitigating if by father or mother
Note: Qualifying circumstance – if the purpose of the offender is to assign the offended party to
some immoral traffic (prostitution), the penalty is higher
Notes:
1. Conscious, deliberate, permanent, unless punishable by a more serious offense
2. Qualifying circumstances:
when the death of the minor resulted from such abandonment
if the life of the minor was in danger because of the abandonment
C. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS
CUSTODY; INDIFFERENCE OF PARENTS: (277)
Acts punished:
1. By delivering a minor to a public institution or other persons w/o 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
Elements:
1. That the offender has charged of the rearing or education of a minor.
2. That he delivers said minor to a public institution or other persons.
3. That the one who entrusted such child to the offender has not consented to such act, or if
the one who entrusted such child to the offender is absent; the proper authorities have not
consented to it.
4. By neglecting his (offender’s) children by not giving them education which their station in
life requires and financial condition permits
That the offender is a parent.
That he neglects his children by not giving them education.
That his station in life requires such education and his financial condition permits it.
Note: Qualifying Circumstance – if the delivery of the child to any person following any of the
callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual
vagrant of beggar is made in consideration of any price, compensation or promise, the penalty
is higher.
E. ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)
Notes:
1. Qualifying circumstance: if the offense is committed by means of violence or intimidation,
the penalty is higher
2. There must be an opposition to the entry of the accused
3. Implied prohibition is present considering the situation – late at night and everyone’s
asleep or entrance was made through the window
4. Prohibition is not necessary when violence or intimidation is employed by the offender
5. When there is no overt act of the crime intended to be committed, this is the crime
6. May be committed even by the owner (as against the actual occupant)
Not applicable to:
entrance is for the purpose of preventing harm to himself, the occupants or a third
person
purpose is to render some service to humanity or justice
place is a café, tavern etc while open
Medina case: when the accused entered the dwelling through the window, he had no intent to
kill any person inside, but the intention to kill came to his mind when he was being arrested by
the occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from
frustrated homicide
Notes:
1. Aggravating circumstances: if made in writing or thru a middleman
2. Frustrated – if not received by the person being threatened
3. Art 284 bond from good behavior may be imposed (only in these offenses)
Penalty:
o The penalty for violating this law is imprisonment for 6 months to 6 years and, if
the violator is a government official at the time the offense was committed,
perpetual absolute disqualification from public office. In case of aliens, they'll be
subjected to deportation proceedings.
When it is valid?
o For a valid court order to be granted, the crimes committed (or to be committed)
by the suspects should be the following:
1.) Treason
2.) Espionage
3.) Provoking war and disloyalty in case of war
4.) Piracy
5.) Mutiny on the high seas
6.) Rebellion
7.) Conspiracy to commit rebellion
8.) Inciting to rebellion
9.) Sedition
10.) Inciting to sedition
11.) Kidnapping
12.) Violations of CA 616 (espionage and other offenses against national security)
1.) There are reasonable grounds to believe that the above crimes were committed, are
being committed or are about to be committed. In case of rebellion, conspiracy to commit
rebellion, sedition, conspiracy to commit sedition and inciting to sedition, the order will be
granted only if there is prior proof that a rebellion, etc., has actually been or is being
committed.
2.) There are reasonable ground to believe that the evidence obtained will secure a
conviction for the suspects or provide a solution to or prevention of any such crimes.
3.) There are no other readily available means of gathering evidence.
REMEMBER:
Information gathered in violation of RA 4200 can't be admitted in evidence.