CRIMREV NOTES – MEETING #2

Art. 267

Relationship is always an aggravating circumstance

TOPIC: Crimes that deprive liberty

Art. 267 Kidnapping and Serious Illegal Detention

Along with 268, the offender must be a private individual. Deprive the victim of his liberty, must
not be incidental.

If public, Art. 124, arbitrary detention.

DISCUSSION: Requisites of 267

- For arbitrary detention, they must have authority. A trial court judge can be a possible
offender because they have authority. Even if you are a public individual, if you have no
authority, you cannot be convicted under this code.

- Even if you have authority, if it is not in furtherance of your duty, you can still be liable
for kidnapping.

IF FOR RANSOM, DISREGARD WHETHER PUBLIC OR PRIVATE.

PEOPLE V. SANTIMIANO AND PEOPLE V. TREZTIZA

Female has been specifically mentioned as victim. Art. 342 (FORCIBLE ABDUCTION) has
distinctions:

Former is a public crime, a crime against personal property and liberty. Latter is a crime against
chastity, being a private crime, can only be instituted by the victim and her family.

Former must be a priv. individual, while in forcible it can be any

Former can be man or woman, latter only women.

Former primary intention is deprive liberty, latter it is not, it is merely incidental, whats
important is that he has lewd designs.

THERE IS ALSO 343 (CONSENTED ABDUCTION)

 - There is still criminal liability if the woman is between 12-18 and is of good moral
standing

HOSTAGE TAKING

- Does not instantly connote kidnapping.

- Instances when the purpose of the offender is not to deprive liability but to avoid arrest,
thus making his crime grave coercion.

1993 Rule on Kidnapping – No additional crime of Homicide. If after 1993, it shall be a special
complex crime

If killing, always homicide.

Kidnapping with RAPE – When he kidnapped the victim, the RAPE must not be one of his
purposes. If it is, it will be Forcible Abduction with Rape.

If kidnapping with rape All acts of rape will be absorbed being a special complex crime. If
forcible abduction, rape of 5 times, will be one crime of forcible abduction and 5 separate
crimes of rape. This is because it is not a special complex crime.

TRESPASS

As long as there is no consent of the occupant he can be liable for trespass.

COERCION

Moviegoers tickets – He saw the seat assigned to him, and he looked for row H. He only then
found out someone else was sitting. After calling his attention, he merely smiled. He applied a
rear naked choke and slammed him on the ground. Is he guilty of grave coercion?

YES. He had used violence upon that person to compel him to do something against his will. He
has no right to do so. He could’ve called the attention of the security guard.

POT SESSION QUESTION: Even if they had used violence threat or aggression, no GC because
they are preventing something unlawful.

LAST TOPIC: Light Coercion Art. 287

Takes the personal property of another to pay of the debt, there must be a creditor-debtor
relationship.

UNnchiok Case: The tenant failed to pay rent so he cut of all the supplies. It was considered as
UNJUST VEXATION.

If lewd designs, the acts categorized as UNJUST VEXATION shall be considered