CHAPTER I

CRIMES AGAINST LIBERTY

SECTION I

ILLEGAL DETENTION

1. KIDNAPPING AND SERIOUS ILLEGAL DETENTION (ART 267)

2. SLIGHT ILLEGAL DETENTION ( ART 268 )
3. UNLAWFUL ARREST ( 269 )

KIDNAPPING AND SERIOUS ILLEGAL DETENTION

ELEMENTS – PLI-3SSM

1. Offender is a private individual

2. Kidnaps or detains another , or in any manner deprives the latter his liberty
3. That the act of detention or kidnapping must be illegal
4. That in the commission of the offense , any of the following circumstances is present
a. Lasts for 3 days
b. Committed simulating public authority
c. Serious injuries are inflicted upon the person kidnapped or detained or threats to kill him are
made
d. Person kidnapped or detained is a minor , female or public officer

NOTES

 If the offender is a public officer , the crime is arbitrary detention

 Intention to deprive the victim of his liberty for purpose of extorting ransom on the part of
the accused is essential in the crime of kidnapping
 The carrying away of the victim in the crime of kidnapping can either be made forcibly or
fraudulently
 As long as the kidnapping or detention was committed for the purpose of extorting
ransom , actual demand for ransom is not necessary
 The accused is not liable when there is lack of motive to resort to kidnapping
 Detention or locking up of victim is essential
 It is essential in the crime of illegal detention that there be actual confinement or
restriction of the person of the offended party.
 It is not necessary that the victim be placed in an in closure(People vs Crisostomo)
 Leaving a child (tender age) in the house of another, where he had freedom of locomotion
but not the freedom to leave it at will, deprives him of liberty. (People vs Acosta )
 Restraint need not be permanent ( child tied )
 The detention must be illegal (when caught committing a crime)
 Essential element of kidnapping are the four instances
 When extorting ransom is the purpose of committing illegal detention , it is not necessary
that one or any circumstances enumerated in the first paragraph of art 267 be present
 Detention for not more than 3 days is not necessary when any other circumstances is
present
 Restraint by robbers not illegal detention (the purpose is to delay the assistance of the
authorities)
 The purpose is immaterial when any of the circumstances in first paragraph is present
 Special complex crime of kidnapping and murder R.A. 7659
 Where the person kidnapped is killed in the course of detention , regardless of whether
the killing is purposely sought or was merely an afterthought , the kidnapping and murder
or homicide can no longer be complexed under art 48 nor be treated as separate crimes
but shall be punished as a special complex crime under R.A. 7659
 Where the victim is taken from one place to another solely for purpose of killing him , the
crime of murder is committed
 Since it does not appear that it was the purpose of the accused to commit this offense
 It seems clear that the weight of authority is in favour of the proposition that where the
victim is taken from one place to another for the purpose of killing him and not to detain
him the crime committed is murder
 The purpose must be to deprive liberty and not only as incidental to the crime he or she
wants to commit.
 If the primary purpose of the accused is to kill the victim , the incidental deprivation of the
victims liberty of the victim’s liberty does not constitute kidnapping but is merely a
preparatory act
 Specific intent crimes (murder and kidnapping)
 Intent must be alleged in the information
 No complex crime of illegal detention with rape under Article 48
 When the victim is killed or dies as a consequence of the detention or is raped , or is
subjected to torture or dehumanizing act , the maximum penalty is imposed
 Illegal detention is a crime against personal liberty and security , arbitrary detention is a
crime against fundamental law of the state.
 ARTICLE 268 - SLIGHT ILLEGAL DETENTION

ELEMENTS:

1. Offender is a public individual

2. Kidnaps or detains another , or in any manner deprives him of his liberty
3. Act of kidnapping or detention is illegal
4. That the crime is committed without the attendance of any of the circumstances
enumerated in art 267

NOTES:

 A person who furnished the place for the perpetration of the crime has the same penalty
incurred by principal
 Priviledged mitigating in slight illegal detention requisites
a. Voluntary releases the person so kidnapped or detained within 3 days from
the commencement of the detention
b. Without having attained the purpose intended
c. Before the institution of criminal proceedings against him , his liability is
mitigated.
 To impose the lesser penalty it must be shown by the offender that he was in the position
to prolong the detention
 There is no Priviledged mitigating in art 267

Article 269 UNLAWFUL ARREST

ELEMENTS:

1. Offender arrests or detains another person

2. Purpose of the offender is to deliver him to proper authorities
3. The arrest or detention is not authorized by law , or without reasonable ground therefor,
shall arrest or detain another for the purpose of delivering him to the proper author

NOTES:

 The offender is any person

 There is no unlawful arrest when the arrest is authorized by a warrant issued by the court
 Unlawful arrest vs illegal detention – purpose is to deliver to proper authorities, deprive
liberty
 ART 125 – WITH LEGAL GROUNDS VS. ART 269 – NOT AUTHORIZED BY LAW
 NO PERIOD OF DETENTION IS FIXED BUT THE MOTIVE OF THE OFFENDER IS CONTROLLI
SECTION 2 KIDNAPPING OF MINORS

KIDNAPPING AND FAILURE TO RETURN A MINOR 270

INDUCING A MINOR TO ABANDON HIS HOME

SECTION 3

SLAVERY 272

EXPLOITATION OF CHILD LABOR 273

SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT 274

CHAPTER 2

CRIMES AGAINST SECURITY

SETION 1

1. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S VICTIM

(ARTICLE 275)
2. ABANDONING A MINOR
3. ABANDONMENT OF MINOR BY PARENTS ENTRUSTED WTH HIS CUSTODY : INDIFFERENCE
OF PARENTS
4. EXPLOITATION OF MINORS

SECTION 2 – TRESPASS TO DWELLING

SECTION 3 – THREATS AND COERCION

Acts Punishable as Grave Threats

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 or that of his
family of any wrong amounting to a crime , the threat not being subject to a condition.

FIRST – Elements of grave threats where offender attained his purpose

a. Offender threats another person with the infliction upon the latter’s person, honor , or
property or upon the latters family of any wrong
b. Such wrong amounts to a crime
c. There is a demand for money ofr that any other condition is imposed , even though not
unlawful
d. Offender attains his purpose
CHAPTER I

ROBBERY IN GENERAL

ARTICLE 293

ANY PERSON WHO, WITH INTENT TO GAIN SHALL TAKE ANY PERSONAL PROPERTY TO
BELONGING TO ANOTHER , BY MEANS OF VIOLENCE AGAINST OR INTIMIDATION OF ANY PERSON
, OR USING FORCE UPON THINGS SHALL BE GUILTY OF ROBBERY.

ELEMENTS

1. PERSONAL PROPERTY
2. BELONGING TO ANOTHER
3. UNLAWFUL TAKING OF PROPERTY
4. WITH INTENT TO GAIN
5. WITH VIOLENCE AGAINST OR INTIMIDATION OF ANY PERSON OR FORCE UPON THINGS

NOTES: A. WITH VIOLENCE

1. PROHIBITIVE ARTICLES MAY BE THE SUBJECT MATTER OF ROBBERY

2. ONE WHO TOOK HIS OWN PROPERTY FROM DEPOSITOTY IS NOT GUILTY OF ROBBERY
3. A CO OWNER OR PARTNER CANNOT COMMIT ROBBERY OR THEFT
4. IN ROBBERY , PERSONAL PROPERTY OF ANOTHER IS TAKEN BY THE OFFENDER AGAINST
THE WILL OF THE OWNER.
5. THE TAKING OF PERSONAL PROPERTY MUST BE UNLAWFUL .
6. FROM THE MOMENT THE OFFENDER GAINS POSSESSION OF THE THING , EVEN IF THE
CULPRIT HAS HAD NO OPPORTUNITY TO DISPOSE OF THE SAME , THE UNLAWFUL TAKING
IS COMPLETE
7. ABSENCEOF INTENT TO GAIN IS GRAVE COERCION IF THERE IS VIOLENCE USED.
8. VIOLENCE MUST BE AGAINST THE PERSON OF THE OFFENDED PARTY
9. INTIMIDATION NEED NOT BE THREAT OF BODILY HARM
10. THE VIOLENCE OR INTIMIDATIONMUST BE PRESENT BEFORE THE TAKING OF PERSONAL
PROPERTY IS COMPLETE

EXCEPTION : SPECIAL COMPLEX CRIME

A. HOMICIDE
B. RAPE
C.
D.
E. INTENTIONAL MUTILATION
F. ANY OF SERIOUS PHYSICAL INJURY

11.BUT THE TAKING OF PERSONAL PROPERTY NEED NOT BE IMMEDIATELY AFTER THE
INTIMIDATION

BY REASON OR ACCOMPANIED BY
12. USE OF FORCE UPON THINGS WLL NOT MAKE THE TAKING OF PERSONAL PROPERTY ROBBERY ,
IF THE CULPRIT E=NEVER ENTERED A HOUSE OR BULDING .

13. MERE INTRODUCING OF HANDS THROUGH A BROKEN GLASS IS NOT ROBBERY

14. ENTRANCE IS NOT NECESSARY WHEN ROBBERY IS COMMITTED BY BREAKING WARDROBES ,

CHESTS , OR ANY KIND OF LOCKED OR SEALED FURNITURE OR RECEPTACLE INSIDE AN INHABITED
HOUSE , A PUBLIC BUILDING OR AN EDIFICE DEVOTED TO RELIGIOUS WIRSHIP

15. RA 10883 – ANTI CARNAPPING ACT OF 2016

ARTICLLE 294 – PENALTIES OF ROBBERY

NOTES

1. HOMICIDE IS SAID TO HAVE BEEN COMMITTED BY REASON OR ON THE OCCASION OF

ROBBERY IF IT IS COMMITTED
A. TO FACILITATE THE ROBBERY OR ESCAPE OF THE VICTIM
B. TOPRESERVE THE POSSESION OF THE LOOT
C. PREVENT THE DISCOVERY OF THE CRIME
D. ELIMINATE WITNESSES
2. THERE MUST BE PROOF OF A DIRECT RELATION , INTIMATE CONNECTION
3. THERE IS NO SUCH CRIME AS ROBBERY WITH MURDERTHERE IS A DIRECT CONNECTION
BETWEEN THE KILLING AND THE ROBBERY
4. THERE IS ROBBERY WITH HOMICIDE EVEN IF THE PERSON KILLEDIS A BYSTANDER AND NOT
THE PERSON ROBBED
5. THE LAW DOES NOT REQUIRE THAT THE VICTIM OF ROBBERY IS ALSO THE VICTIM OF
HOMICIDE
6. All who participitated in the robbery as principals shall also be liablewith robbery and
homicide
7. When the robbery shall have been accompanied by rape
8. There is no such crime as robbery with attempted rape
9. Intimidation exists when the acts executed or words uttered by the offender are capable
of producing fear in the person threatened
10.