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CHAPTER 9 - Crimes Against Personal Liberty and Security
CHAPTER 9 - Crimes Against Personal Liberty and Security
CHAPTER 9 - Crimes Against Personal Liberty and Security
Chapter IX
Crimes Against Personal
Liberty and Security
The crime is now considered as an act of terrorism under R.A. No. 9372.
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MODULE: Criminal Law: Book II
Slight Illegal Detention (Article 268)
The elements of the crime are: (1) That the offender is a private
individual; (2) That he kidnaps or detains another, or in any other manner
deprives him of his liberty; (3) That the act of kidnapping or detention is illegal;
(4) That the crime is committed without the attendance of any of the
circumstances enumerated in Article 267.
This crime has the following elements: (1) That the offender arrests or
detains another person; (2) That the purpose of the offender is to deliver him to
the proper authorities; (3) That the arrest or detention is not authorized by law
or there is no reasonable ground therefor.
The elements are: (1) That the offender purchases, sells, kidnaps, or
detains a human being; (2) That the purpose of the offender is to enslave such
human being.
The acts punished under Article 282 and their respective elements are as
follows:
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
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MODULE: Criminal Law: Book II
money or imposing any other condition, even though not unlawful, and the
offender attained his purpose:
a) That the offender threatens another person with the infliction upon
the latter’s person, honor or property, or upon that latter’s family, of
any wrong;
b) That such a wrong amount to a crime;
c) That there is a demand for money or that any other condition is
imposed, even though not lawful;
d) That the offender attains his purpose.
2. Making such threat without the offender attaining his purpose:
a) That the offender threatens another person with the infliction upon
the latter’s person, honor or property, or upon that of the latter’s
family, of any wrong;
b) That such a wrong amount to a crime;
c) That there is a demand for money or that any other condition is
imposed, even though not lawful;
d) That the offender does not attain his purpose.
3. Threatening another with the infliction upon his person, honor or property
or that of his family of any wrong amounting to a crime, the threat not
being subject to a condition:
a) That the offender threatens another person with the infliction upon
the latter’s person, honor or property, or upon that of the latter’s
family, of any wrong;
b) That such a wrong amount to a crime;
c) That the threat is not subject to a condition.
The crime of light threats has the following elements: (1) That the
offender makes a threat to commit a wrong; (2) That the wrong does not
constitute a crime; (3) That there is a demand for money or that other condition
is imposed, even though not unlawful; (4) That the offender has attained his
purpose or, that he has not attained his purpose.
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MODULE: Criminal Law: Book II
The elements are: (1) That a person prevented another from doing
something not prohibited by law, or he compelled him to do something against
his will, be it right or wrong; (2) That the prevention or compulsion be effected
by violence, threats or intimidation; and (3) That the person That restrained the
will and liberty of another had not the authority of law or the right to do so, or in
other words, that the restraint shall not be made under authority of law or in the
exercise of any lawful right.
The elements are: (1) That the offender must be a creditor, (2) That he
seizes anything belonging to his debtor; (3) That the seizure of the thing be
accomplished by means of violence or a display of material force producing
intimidation; (4) That the purpose of the offender is to apply the same to the
payment of the debt.
Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian
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