LESSON 9 Crimes Against Personal Liberty and Security

Manuel S.
Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
LESSON :
CRIMES AGAINST
PERSONAL LIBERTY AND
SECURITY
CRIMINAL LAW BOOK 2
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
Art. 267. Kidnapping and Serious Illegal Detention

Elements:
1. that the offender is a private individual who is not any of the parents of the victim nor a
female
2. that he kidnaps or detains another, or in any other manner deprives the latter of his liberty
3. that the act of detention or kidnapping must be illegal
4. that in the commission of the crime, any of the following circumstance is present:
that the kidnapping or detention last for more than three days
that it is committed simulating a public officer
that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him
are made
that the person kidnapped or detained is a minor, female or a public officer
Qualifying Circumstances
Death Penalty is imposed (not anymore applicable)
• if the purpose is to extort ransom
• when the victim is killed or dies as a consequence of the
detention
• when the victim is raped
• when the victim is subjected to torture or dehumanizing act
Art. 268. Slight Illegal Detention

Elements:
1. that the offender is a private individual
2. that he kidnaps or detains another, or in any manner deprives him of
his liberty
3. that the act of detention is illegal
4. that the crime is committed without the attendance of the
circumstances enumerated in art. 267
Liability is Mitigated when:

• offender voluntarily released the person so kidnapped or
detained within three days from the commencement of
detention
• without having attained the purpose intended
• before the institution of criminal proceedings against him
• not applicable if the person detained is a woman

Art. 269. Unlawful Arrest.

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 unauthorized by law or there is no reasonable ground
therefore.
Notes:
• the offender is any person, whether a public officer or a private individual
• if the offender is a public officer, he must not be vested with the authority to arrest
or detain a person or must not act in his official capacity, otherwise, Art. 124 is
applicable
Art. 270. Failure to Return a Minor

Elements:
1. that the offender is entrusted with the custody of a minor
person
2. that he deliberately fails to restore the said minor to his
parents or guardians
Art. 271. Inducing a Minor to Abandon his Home

Elements:
1. that a minor is living in the home of his parent or guardian or the person entrusted
with his custody
2. that the offender induces said minor to abandon such home.

Notes:
inducement must be (a) actual, (b) committed with criminal intent and (c) determined by
a will to cause damage
To INDUCE means to influence; to prevail on; to move by persuasion; to incite by motives
It is not necessary that the minor actually abandons he home
Art. 272. Slavery

Elements:
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

Note: it is QUALIFIED if the purpose of the offender is to assign
the offended party to some immoral traffic.
Art. 273. Exploitation of Child Labor

Elements:
1. that he offender retains a minor in his service
2. that it is against the will of the minor
3. that 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
Art. 274. Services Rendered under Compulsion

in Payment of Debt
Elements:
1. that the offender compels a debtor to work for him
either as household servant or farm laborer
2. that it is against the debtor’s will
3. that the purpose is to require or enforce the payment
of a debt
Art. 275. Abandonment of person in danger and abandonment of one’s

own victim
Punishable acts:
• by failing to render assistance to any person whom the offender finds in an
uninhabited place wounded or in danger or dying when he can render such
assistance without detriment to himself unless such omission shall
constitute a more serious offense
ELEMENTS:
• the place is uninhabited
• the accused found there a person wounded or in danger of dying
• the accused can render assistance without detriment to himself
• the accused fails to render assistance.
• by failing to help or render assistance to another whom the

offender has accidentally wounded or injured
• by failing to deliver a child seven years of age whom the
offender has found abandoned, to the authorities or to his
family or failing to take him to a safe place
• Note:
• the child under seven years of age must found in an unsafe place
• it is immaterial that the offender did not know that the child is under
7
Art. 276. Abandoning a Minor

Elements:
1. that the offender has the custody of a child
2. that he child is under seven years of age
3. that he abandons such child
4. that he has no intent to kill the child when the latter is abandoned
Circumstances which qualify the offense:

5. when the death of the child resulted from such abandonment
6. if the life of the minor was in danger because of the abandonment
Art. 277. Abandonment of Minor entrusted

with his custody; indifference of Parents
Punishable Acts:
1. by 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, or in the absence of the one, without the
consent of proper authority
2. by neglecting his (offender’s) children by not giving them the
education which their station in life requires and financial
condition permits
Elements of Abandonment of Minor:

1. that the offender has charge of the rearing or education of
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.
Elements of Indifference of Parents

1. that the offender is a parent
2. that he neglects his children by not giving them education
3. that his station in life requires such education and his financial
condition permits it.
Art. 278. Exploitation of Minors

Prohibited acts:
• causing any boy or girl under 16 years of age to perform any dangerous
feat at balancing, physical strength, or contortion, the offender being any
person
• employing children under 16 years of age who are not children or
descendants of the offender in exhibitions or acrobat, gymnast, rope-
walker, diver, or wild animal tamer, the offender being an acrobat, etc., or
circus manager or engaged in a similar calling
• employing any descendant under 12 years of age in dangerous
exhibitions, enumerated in the next preceding paragraph, the offender
being engaged in any of said calling
• delivering a child under 16 gratuitously to any person following any

calling enumerated in paragraph 2 or to any habitual vagrant or beggar,
the offender being an ascendant, guardian, teacher, or person entrusted
in any capacity with the care of such child;
• inducing any child under 16 to abandon the home of its ascendants,
guardians, curators or teachers to follow any person engaged in any
calling mentioned in paragraph 2 or to accompany any habitual vagrant
or beggar, the offended party being any person
• Qualifying Circumstance: delivery of the child is made in consideration of

any price, compensation or promise
Art. 279. Additional Penalties for Other

Offenses
• imposition of the penalties prescribed in the preceding
articles (Art. 275-278) shall not prevent the imposition
upon the same person of the penalty provided for any
other felonies defined and punished under the code.
Art. 280. Qualified Trespass to Dwelling

Elements:
1. that the offender is a private person
2. that he enters the dwelling of another
3. that such entrance is against the will of the latter.
Notes:
• Qualified if committed by means of violence/intimidation
• Dwelling place means any building or structure exclusively devoted for rest and comfort
• To commit trespass, entrance by the accused must be against the presumed/implied or express
prohibition of the occupant
• There is an implied prohibition when entry is made through means not intended for ingress
• Prohibition is not necessary when violence or intimidation is employed by the offender
Art. 281. Other Forms of Trespass

Elements:
1. that the offender enters the closed premises or the fenced
estate of another
2. that the entrance is made while either of them is uninhabited
3. that the prohibition to enter is manifest
4. that the trespasser has not secured the permission of the
owner or the caretaker thereof
Art. 282. Grave Threats

Punishable Acts:
1. by 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 even though not
unlawful, and the offender attained his purpose
2. by making such threat without the offender attaining his purpose
3. By threatening another with the infliction upon his person, honor or
property of that of the family of any wrong amounting to a crime, the threat
NOT being subject to condition
Qualifying circumstance: If threat was made in writing or through
middleman
Elements of Grave Threats where the

offender ATTAINED his purpose
1. that the offender threatens another person with the infliction upon the
latters person, honor, or property or upon the latter’s family of ANY
WRONG.
2. That such wrong amounts to a CRIME
3. That there is a demand for money or that any condition is imposed,
even though not unlawful;
4. That the offender attains his purpose
Elements of grave threats NOT SUBJECT TO CONDITION
1. that the offender threatens another person with the

infliction upon the latter’s person, honor or property or
upon the latter’s family of any wrong;
2. that such wrong amounts to a crime
3. that the threat is not subject to a condition
• Notes: in the crime of threats, it is essential that there

be intimidation
Art. 283. Light Threats

Elements:
1. that the offender makes a threat to commit a wrong
2. that the wrong does not constitute a crime
3. there is a demand for money or that other condition is imposed
eventhough not Unlawful.
4. That the offended has attained his purpose or, that he has not
attained his purpose
Note: light threats are committed in the same manner as grave
threat except that the act threatened to be committed should
not be a crime.
Art. 284. Bond for Good Behavior

• When a person is required to give bail bond:
• when he threatens another under the circumstances
mentioned in Art. 282
• When he threatens another under the circumstances
mentioned in Art. 283
Art 285. Other Light Threats

Prohibited acts:
1. threatening another with a weapon, or drawing such weapon in a
quarrel, 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 harm not constituting a felony
Note: Where the threats are directed to a person who is absent and
uttered in a temporary fit of anger, the offense is only light threats.
Art. 286. GRAVE COERCION

Two ways of committing grave Coercion:
• by preventing another by means of violence, threats or
intimidation, from doing something not prohibited by law
• by compelling another by means of violence, threats or
intimidation to do something against his will, whether it be
wrong or right.
Elements of Grave Coercion

• that a person prevented another from doing something not prohibited by
law, or by compelling him to do something against his will be it right or
wrong
• that the prevention or compulsion be effected by violence, either
material force or such display of force as would produce intimidation and
control the will of the offended party
• that the person that restrained the will and liberty of another has NO
RIGHT to do so, or in other words, that the restraint is not made under
authority of law or in the exercise of any lawful right.
When prision mayor shall be imposed:

1. if the coercion is committed in violation of the exercise of the right of
suffrage
2. If the coercion is committed to compel another to perform any religious act.
3. If the coercion is committed to prevent another from performing any
religious act.
Notes:
the force or violence must be immediate, actual or imminent, otherwise it will
be grave threats;
coercion is always consummated even if the offended party did not accede to
the purpose of coercion
Art. 287. Light Coercion

Elements:
1. that the offender must be a creditor
2. that he seizes anything belonging to hid 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.
UNJUST VEXATION ( Art. 287, par 2)

• it includes any human conduct which although not productive
of some physical or material harm would, however, unjustly
annoy or vex an innocent person
• In determining whether the crime of unjust vexation is
committed, the offenders act must have caused Annoyance,
Irritation, vexation, torment, distress or disturbance to the mind
of the person to whom it is directed
• Light Coercion under the first paragraph of art. 287 will be
unjust vexation if the third element is absent
Art. 288. Other Similar Coercions

Prohibited Acts:
1. forcing or compelling directly or indirectly or knowingly permitting the
forcing or compelling of the laborer or employee of the offender to purchase
merchandise or commodities of any kind from him
 that the offender is any person, agent or officer of any association or
corporation;
 that he or such firm or corporation has employed laborers or employees
 that he forces or compels, directly or indirectly, or knowingly permits to
be forced or compelled, any of his or its laborers or employees to
purchase merchandise or commodities of any kind from him or from said
firm or corporation
2. Paying the wages due his laborer or employee by means of

tokens or objects other than legal tender currency of the
Philippines, unless expressly requested by such laborer or
employee.
• That the offender pays the wages due a laborer or employee
employed by him by means of tokens or objects
• That those tokens or objects are other than the legal tender currency
of the Philippines
• That such employee or laborer does not expressly request that he be
paid by means of a tokens or objects.
Art. 289. Formation, Maintenance and Prohibition of

Combination of Capital or Labor through Violence or Threats
Elements:
1. that the offender employs violence or threats in such a degree
as to compel or force the laborers or employers in the free
and legal exercise of their industry or work;
2. that the purpose is to organize, restrain or prevent coalitions
or capital or laborers or lockout of employers.
DISCOVERY AND REVELATION OF

SECRETS
Art. 290. Discovering Secrets through Seizure of Correspondence
Elements:
• that the offender is a private individual or even a public officer not in the exercise
of his official function
• that he seizes the papers or letters of another
• that the purpose is to discover the secrets of such person
• that the offender is informed of the contents of the papers or letters seized
Qualifying Circumstance: Offender reveals the contents of such paper or letter of
another to other person
Notes:
• prejudice is not an element of this offense
• if the purpose of seizure is to cause damage, estafa is committed
• if the purpose is to harass or annoy, the crime is Unjust Vexation
• Not Applicable to:
• parents, guardians, or persons entrusted with the custody of minors
with respect to the papers and letters of the children or minors placed
under their care or custody;
• spouses with respect to the papers or letters or either of them
Art. 291. Revealing Secrets with Abuse of

Office
Elements:
1. that the offender is a manager, employee or servant
2. that he learns the secrets of his principal or master in such
capacity
3. that he reveals such secrets
• Note: DAMAGE is not necessary

Art. 292. Revelation of Industrial Secrets

Elements:
1. That the offender is a person in charge, employee or workman of a manufacturing or
industrial establishment
2. That he manufacturing/industrial establishment has a secret of the industry which the
offender has learned
3. That the offender reveals such secret
4. That prejudice is caused to the owner.
Notes:
secret must relate to manufacturing process
Prejudice is an element in this offense
THANK YOU!

LESSON 9 Crimes Against Personal Liberty and Security

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Manuel S.

Art. 267. Kidnapping and Serious Illegal Detention

Art. 268. Slight Illegal Detention

Liability is Mitigated when:

• not applicable if the person detained is a woman

Art. 269. Unlawful Arrest.

Art. 270. Failure to Return a Minor

Art. 271. Inducing a Minor to Abandon his Home

Art. 272. Slavery

Art. 273. Exploitation of Child Labor

Art. 274. Services Rendered under Compulsion

Art. 275. Abandonment of person in danger and abandonment of one’s

• by failing to help or render assistance to another whom the

Art. 276. Abandoning a Minor

Circumstances which qualify the offense:

Art. 277. Abandonment of Minor entrusted

Elements of Abandonment of Minor:

Elements of Indifference of Parents

Art. 278. Exploitation of Minors

• delivering a child under 16 gratuitously to any person following any

• Qualifying Circumstance: delivery of the child is made in consideration of

Art. 279. Additional Penalties for Other

Art. 280. Qualified Trespass to Dwelling

Art. 281. Other Forms of Trespass

Art. 282. Grave Threats

Elements of Grave Threats where the

Elements of grave threats NOT SUBJECT TO CONDITION

1. that the offender threatens another person with the

• Notes: in the crime of threats, it is essential that there

Art. 283. Light Threats

Art. 284. Bond for Good Behavior

Art 285. Other Light Threats

Art. 286. GRAVE COERCION

Elements of Grave Coercion

When prision mayor shall be imposed:

Art. 287. Light Coercion

UNJUST VEXATION ( Art. 287, par 2)

Art. 288. Other Similar Coercions

2. Paying the wages due his laborer or employee by means of

Art. 289. Formation, Maintenance and Prohibition of

DISCOVERY AND REVELATION OF

Art. 291. Revealing Secrets with Abuse of

• Note: DAMAGE is not necessary

Art. 292. Revelation of Industrial Secrets

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