Title 9 Criminal Law Review

TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY
TITLE NINE
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Chapter One: Crimes against Liberty

Section One – Illegal Detention
Article 267 - Kidnapping and Serious Illegal Detention
Article 268 - Slight Illegal Detention
Article 269 - Unlawful Arrest
Section Two – Kidnapping of Minors
Article 270 - Kidnapping and Failure to Return a Minor
Article 271 - Inducing a Minor to Abandon His Home
Section Three – Slavery & Servitude
Article 272 – Slavery
Article 273 - Exploitation of Child Labor
Article 274 - Services Rendered Under Compulsion in Payment of Debt
Chapter Two: Crimes against Security

Section One – Abandonment of Helpless Persons and Exploitation of minors
Article 275 - Abandonment of Persons in Danger and Abandonment of Own Victim
Article 276 - Abandoning a Minor
Article 277 - Abandonment of Minor by Person Entrusted With Custody; Indifference of Parents
Article 278 - Exploitation of Minors
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY
Section Two - Trespass to dwelling

Article 280 - Qualified Trespass to Dwelling
Article 281 - Other Forms of Trespass
Section Three - Threats and Coercion
Article 282 - Grave Threats
Article 283 - Light Threats
Article 284 - Bond for Good Behavior
Article 285 - Other Light Threats
Article 286 - Grave Coercions
Article 287 - Light Coercions
Article 288 - Other Similar Coercions
Article 289 - Formation, Maintenance, and Prohibition of Combination of Capital or Labor through
Violence or Threats
Chapter Three: Discovery and Revelation of Secrets

Article 290 - Discovering Secrets through Seizure of Correspondence
Article 291 - Revealing Secrets with Abuse of Office
Article 292 - Revelation of Industrial Secrets
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 1: Crimes Against Liberty | Section 1 – Illegal Detention
ARTICLE 267 – KIDNAPPING AND SERIOUS ILLEGAL DETENTION.

Any private individual who shall kidnap or detain another, or in any other manner deprive him of
his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, female or a public officer.
The penalty shall be death where the kidnapping or detention was committed for the purpose of
extorting ransom from the victim or any other person, even if none of the circumstances above-
mentioned were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to
torture or dehumanizing acts, the maximum penalty shall be imposed.

Elements:
1. Offender is a (a) private individual who is not any of the parents of the victim nor a female; or
(b) A Public officer who has no duty under the law to detain a person;
2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty;
3. The act of detention or kidnapping must be illegal;
4. In the commission of the offense, any of the following circumstances is present:
a. That the kidnapping or detention lasts for more than 3 days;
b. That it is committed simulating public authority;
c. That any serious physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made; or
d. That the person kidnapped or detained is a minor, female, or a public officer.
Qualifying Circumstances (death penalty is imposed)
1. If the purpose is to extort ransom.
2. When the victim is killed or dies as a consequence of the detention.
3. When the victim is raped.
4. When victim is subjected to torture or dehumanizing acts.
Notes:
• It is essential 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 enclosure, as long as he is deprived, in any
manner, of his liberty.

Notes:
• Effect of R.A. 9346 kidnapping for ransom –reclusion perpetua without the eligibility for parole
• Ransom – the money, price or consideration paid or demanded for the redemption of a
captured person that would release him from captivity
• Elements of Ransom – (a) intent on the part of the accused to deprive the victim of his liberty;
(b) actual deprivation of the victim of his liberty; and (c) motive of the accused, which is
extorting ransom for the release of the victim;
• The offenders here are private individuals or public officers acting in their private capacity. If
they are public officers, they are covered by the crimes under Title 2.
• When a public officer conspires with a private person in the commission of any of the crimes
under Title IX, the crime is also one committed under this title and not under Title II.
• Special complex crime of Kidnapping with Murder - When the victim dies or is killed as a
consequence of the detention, regardless of whether the killing was purposely sought or
merely an afterthought
• Forcible abduction – If a woman is transported from one place to another by virtue of
restraining her of her liberty, and that act is coupled with lewd designs.
• Serious illegal detention – If a woman is transported just to restrain her of her liberty. There
is no lewd design or lewd intent.
• Grave coercion – If a woman is carried away just to break her will, to compel her to agree to
the demand or request by the offender.

Kidnapping with Rape vs. Forcible Entry with Rape
Kidnapping with Rape Forcible Abduction with Rape
As to presence of lewd designs
Lewd design came after the intent to kidnap the
At the outset, there is already lewd design
victim
As to nature of the complex crime
It is a complex crime under RPC 48 since forcible
It is a special complex crime. abduction is a necessary means of committing the
crime of rape.
As to the effect of attempted rape
If there is an attempted rape, the crime committed is
It there is an attempted rape, it shall be considered
only forcible abduction, the former being an
as a separate crime.
expression of a lewd design.
As to the effect of multiple rapes
If there are multiple rapes, only one is complexed
If there are multiple rapes, there is only one special
with forcible abduction and the rest shall be
complex crime of Kidnapping with Rape.
considered as separate crimes.
Illegal Detention vs. Arbitratry Detention
Illegal Detention Arbitrary Detention
Committed by a private individual who Committed by public officer or employee who
unlawfully deprives a person of his liberty detains a person without legal ground
Crime against personal liberty Crime against the fundamental laws of the State
ARTICLE 268 – SLIGHT ILLEGAL DETENTION

The penalty of reclusion temporal shall be imposed upon any private individual who shall commit
the crimes described in the next preceding article without the attendance of any of circumstances
enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of
the crime.
If the offender shall voluntarily release the person so kidnapped or detained within three days from
the commencement of the detention, without having attained the purpose intended, and before the
institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum
and medium periods and a fine not exceeding one hundred thousand pesos (P100,000).
Elements:
1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner deprives him of his liberty.
3. The act of kidnapping or detention is illegal;
4. The crime is committed without the attendance of any of the circumstances enumerated in
Article 267.
Liability is mitigated when the following circumstances concur:
1. The offended party is voluntarily released within three days from the start of illegal detention;
2. Without attaining the intended purpose; AND
3. Before the institution of the criminal action.
ARTICLE 269 – UNLAWFUL ARREST

The penalty of arresto mayor and a fine not exceeding 100,000 pesos shall be imposed upon any
person who, in any case other than those authorized by law, or without reasonable ground therefor,
shall arrest or detain another for the purpose of delivering him to the proper authorities.
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. The arrest or detention is not authorized by law or there is no reasonable ground therefor.
Notes:
• Generally, this crime is committed by incriminating innocent persons by the offender’s
planting evidence to justify the arrest – a complex crime results, that is, unlawful arrest
through incriminatory machinations under Article 363.
• If the person arrested is not delivered to the authorities, the private individual making the arrest
incurs criminal liability for illegal detention under Article 267 or 268.
• If the offender is a public officer, the crime is arbitrary detention under Article 124.
• If the detention or arrest is legal, but the public officer delays delivery of the person arrested
to the proper judicial authorities, then Article 125 will apply.
ARTICLE 269 – UNLAWFUL ARREST

Arbitrary Detention vs. Unlawful Arrest
Arbitrary detention (Art. 124) Unlawful Arrest
As to classification
Crime against the fundamental law of the State Crime against liberty
As to offender
Public Officer Any Person
As to purpose of offender
No intention to bring the offended to proper. Purpose of arrest is to. Ring the victim to proper
Authorities but merely to detain him authority and file a charge.
As to manner of commission
Although authorized, detains a person without legal Private person: arrests a person without reasonable
ground ground therefor, and the purpose is to deliver the
person arrested to the proper authorities;
Public officer: Not authorized to arrest and detain a
person, or he did not act in his official capacity.
Delay in delivery of detained persons vs. Unlawful Arrest
Delay in delivery of detained persons (Art. 125) Unlawful Arrest
As to legality of detention
Detention is for some legal ground. Detention is not authorized by law
As to manner of commission
Committed by failing to deliver such person to the Committed by making an arrest not authorized by
proper judicial authority within a certain period. law
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 1: Crimes Against Liberty | Sec 2 - Kidnapping of Minors
ART. 270. KIDNAPPING AND FAILURE TO RETURN A MINOR.

The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the
custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.
Elements:
1. Offender is entrusted with the custody of a minor person (whether over or under seven years
but less than 18 years of age)
2. He deliberately fails to restore the said minor to his parents or guardian
Notes:
• If committed by the mother or father of the child, the penalty is arresto mayor
Kidnapping and Serious Illegal Detention Kidnapping and Failure to Return a Minor
of Minors (Art. 267, Par. 4)
As to offender
Offender is NOT entrusted with the custody of Offender is entrusted with the custody of the
the minor minor
As to the act punished
What is punished is the deliberate failure of
What is punished is the illegal detaining or
the offender having custody of the minor to
kidnapping of the minor
restore him to his parents or guardians
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 1: Crimes Against Liberty | Sec 2 - Kidnapping of Minors
ARTICLE 271 - INDUCING A MINOR TO ABANDON HIS HOME

The penalty of prision correccional and a fine not exceeding one hundred thousand pesos (P100,000)
shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or
guardians or the persons entrusted with his custody.
If the person committing any of the crimes covered by the two preceding articles shall be the father
or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred
pesos, or both.chanrobles
Elements:
1. A minor (whether over or under seven years of age) is living in the home of his parents or
guardians or the person entrusted with his custody;
2. Offender induces said minor to abandon such home.
Notes:
• Inducement must be (a) actual, and (b) committed with criminal intent.
• The minor should not leave his home of his own free will. What constitutes the crime is the act
of inducing a minor to abandon the home of his guardian, and it is not necessary that the minor
actually abandons the home.
• Father or mother may commit the crimes in Art. 170 and 171 where they are living separately
and the custody of the minor children is given to one of them.
• The law is intended to discourage and prevent disruption of filial relationships and undue
interference with the parents’ right and duty to the custody of their minor children and to rear
them
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 1: Crimes Against Liberty | Sec 3 – Slavery & Servitude
ART. 272 – SLAVERY

The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone
who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.
If the crime be committed for the purpose of assigning the offended party to some immoral traffic,
the penalty shall be imposed in its maximum period.
Elements:
1. Offender purchases, sells, kidnaps or detains a human being;
2. The purpose of the offender is to enslave such human being.
Notes:
• See Special Law: RA 9208 (Anti-Trafficking of Person Act of 2003)
• Qualifying circumstance: if the purpose of the offender is to assign the offended party to some
immoral traffic.
• Purpose should be determined. If the purpose of the kidnapping or detention is to enslave the
offended party, slavery is committed.
ARTICLE 273 - EXPLOITATION OF CHILD LABOR

The penalty of prision correccional in its minimum and medium periods and a fine not exceeding
500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against
the latter's will, retain him in his service.
Elements:
1. Offender retains a minor in his services;
2. It is against the will of the minor;
3. 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.
ARTICLE 274 - SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period
shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall
compel the debtor to work for him, against his will, as household servant or farm laborer.
Elements:
1. Offender compels a debtor to work for him, either as a household servant or farm laborer;
2. It is against the debtor’s will;
3. The purpose is to require or enforce the payment of a debt.
Service under Compulsion distinguished from Exploitation of Child Labor
Service under Compulsion Exploitation of Child Labor
(Art. 274) (Art. 273)
As to the age of the offended party
Does not distinguish whether or not the victim
Victim must be a minor
is a minor
As to who is compelled to work
The debtor himself is the one compelled to The minor is compelled to render services for
work for the offender the supposed debt of his parents or guardian
As to the nature of the work compelled
Limited to household work or farm labor Service is not limited
Sec 1 – Abandonment of Helpless
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 2: Crimes Against Security | Persons and Exploitation of minors
ARTICLE 275 - ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF

OWN VICTIM
The penalty of arresto mayor shall be imposed upon:
1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited
place wounded or in danger of dying, when he can render such assistance without detriment
to himself, unless such omission shall constitute a more serious offense.
2. Anyone who shall fail to help or render assistance to another whom he has accidentally
wounded or injured.
3. Anyone who, having found an abandoned child under seven years of age, shall fail to deliver
said child to the authorities or to his family, or shall fail to take him to a safe place.
Elements (Mode 1)
1. The place is not inhabited;
2. Accused found there a person wounded or in danger of dying;
3. Accused can render assistance without detriment to himself;
4. Accused fails to render assistance.
Notes:
• Does not apply: When a person intentionally wounds another and leaves him in an uninhabited
place.
• Immaterial: That the offender did not know that the child is under seven years.
• The child under seven years of age must be found by the accused in an unsafe place.
ARTICLE 276 – ABANDONING A MINOR

The penalty of arresto mayor and a fine not exceeding 100,000 pesos shall be imposed upon any one
who shall abandon a child under seven years of age, the custody of which is incumbent upon him.
When the death of the minor shall result from such abandonment, the culprit shall be punished by
prision correccional in its medium and maximum periods; but if the life of the minor shall have been
in danger only, the penalty shall be prision correccional in its minimum and medium periods.
The provisions contained in the two preceding paragraphs shall not prevent the imposition of the
penalty provided for the act committed, when the same shall constitute a more serious offense.
Elements:
1. Offender has the custody of a child;
2. The child is under seven years of age;
3. He abandons such child;
4. He has no intent to kill the child when the latter is abandoned.
Notes:
• Circumstances qualifying the offense:
1. When the death of the minor resulted from such abandonment; or
2. If the life of the minor was in danger because of the abandonment.
• Intent to kill cannot be presumed from the death of the child. When there is intent to kill, this
article does not apply.
• If the offender is the parent of the minor who is abandoned, he shall be deprived of parental
authority. (Art. 332, Civil Code)
ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH CUSTODY;

INDIFFERENCE OF PARENTS
The penalty of arresto mayor and a fine not exceeding 100,000 pesos shall be imposed upon anyone
who, having charge of the rearing or education of a minor, shall deliver said minor to a public
institution or other persons, without the consent of the one who entrusted such child to his care or
in the absence of the latter, without the consent of the proper authorities.
The same penalty shall be imposed upon the parents who shall neglect their children by not giving
them the education which their station in life require and financial conditions permit.
Punishable Acts:
1. 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 that one, without the consent of the proper
authorities;
Elements:
1. Offender has charge of the rearing or education of a minor;
2. He delivers said minor to a public institution or other persons;
3. 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.
2. Neglecting his (offender’s) children by not giving them the education which their station in life requires
and financial condition permits
Elements:
1. Offender is a parent;
2. He neglects his children by not giving them education;
3. His station in life requires such education and his financial condition permits it.

100,000 pesos shall be imposed upon:
1. Any person who shall cause any boy or girl under sixteen years of age to perform any
dangerous feat of balancing, physical strength, or contortion.
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus
manager or engaged in a similar calling, shall employ in exhibitions of these kinds children
under sixteen years of age who are not his children or descendants.
3. Any person engaged in any of the callings enumerated in the next paragraph preceding who
shall employ any descendant of his under twelve years of age in such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child
under sixteen years of age, who shall deliver such child gratuitously to any person following
any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.
If the delivery shall have been made in consideration of any price, compensation, or promise,
the penalty shall in every case be imposed in its maximum period.
In either case, the guardian or curator convicted shall also be removed from office as guardian
or curator; and in the case of the parents of the child, they may be deprived, temporarily or
perpetually, in the discretion of the court, of their parental authority.
5. Any person who shall induce any child under sixteen years of age to abandon the home of its
ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings
mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

Notes:
Circumstances qualifying the offense:
1. If the delivery of the child to any person following any of the calling of acrobat, gymnast, rope-
walker, diver, wild-animal tamer or circus manager or to any habitual vagrant or beggar is
made in consideration of any price, compensation or promise.
2. The offender is engaged in a kind of business that would place the life or limb of the minor in
danger, even though working for him is not against the will of the minor.
• Nature of the Business: this involves circuses which generally attract children so they
themselves may enjoy working there unaware of the danger to their own lives and limbs.
• Age: Must be below 16 years. Article 278 has no application if minor is 16 years old and above
• If minor is 16 years old and above the exploitation will be dealt with by RA 7610.
• If the employer is an ascendant, the crime is not committed, unless the minor is less than 12
years old.
• If the minor so employed would suffer some injuries as a result of a violation of Article 278,
Article 279 provides that there would be additional criminal liability for the resulting felony.
Exploitation of Minors (Art. 278, par. 5) vs. Inducing a Minor to Abandon His Home (Art. 271)
Exploitation of Minors (Art. 278, par. 5) Inducing a Minor to Abandon His Home (Art. 271)
Purpose of inducing the minor to abandon his home
is to follow any person engaged in any of the callings No such purpose
mentioned
Victim is under 16 years of age Victim is a minor (below 18 years of age)
ARTICLE 279 - ADDITIONAL PENALTIES FOR OTHER OFFENSES

The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition
upon the same person of the penalty provided for any other felonies defined and punished by this
Code.
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 1: Crimes Against Security | Sec 2 – Trespass to dwelling
ARTICLE 280 – QUALIFIED TRESPASS TO DWELLING

Any private person who shall enter the dwelling of another against the latter's will shall be
punished by arresto mayor and a fine not exceeding 200,000 pesos.
If the offense be committed by means of violence or intimidation, the penalty shall be prision
correccional in its medium and maximum periods and a fine not exceeding 200,000 pesos.
The provisions of this article shall not be applicable to any person who shall enter another's
dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling
or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose
of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn
and other public houses, while the same are open.
Elements:
1. Offender is a private person;
2. He enters the dwelling of another;
3. Such entrance is against the latter’s will.
Notes:
• Qualifying circumstance – the offense is committed by means of violence or intimidation.
• If the offender is public officer, the crime is violation of domicile.
• If a person was killed after trespass by the offender, the following crimes are committed:
1. no intent to kill – separate crimes of homicide or murder qualified by trespass to dwelling
2. If there was intent to kill– the crime of homicide/murder with dwelling as an aggravating
circumstance
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 1: Crimes Against Security | Sec 2 – Trespass to dwelling
ARTICLE 281 - OTHER FORMS OF TRESPASS

The penalty of arresto menor or a fine not exceeding 40,000 pesos, or both, shall be imposed upon any
person who shall enter the closed premises or the fenced estate of another, while either or them are
uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of
the owner or the caretaker thereof.
Elements:
1. Offender enters the closed premises or the fenced estate of another;
2. The entrance is made while either of them is uninhabited;
3. The prohibition to enter is manifest;
4. The trespasser has not secured the permission of the owner or the caretaker thereof
Notes:
Premises – signifies distinct and definite locality. It may mean a room, shop, building or definite area,
but in either case, locality is fixed.
Qualified Trespass v. Other Forms of Trespass
Other Forms of Trespass (Art. 281)
Qualified Trespass to Dwelling (Art. 280)
Offender is a private person The offender is any person
Offender enters a dwelling Offender enters closed premises or fenced estate
Place entered is inhabited Place entered is uninhabited
Act constituting the crime is entering the dwelling It is the entering the closed premises or the fenced
against the will of the owner estate without securing the permission of the
owner or caretaker thereof
Prohibition to enter is express or implied Prohibition to enter must be manifest
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 2: Crimes Against Security | Sec 3 – Threats and Coercion
ARTICLE 282 - Grave Threats

Any person who shall threaten another with the infliction upon the person, honor or property of the
latter or of his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit,
if the offender shall have made the threat demanding money or imposing any other condition, even
though not unlawful, and said offender shall have attained his purpose. If the offender shall not
have attained his purpose, the penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be imposed in its
maximum period.
2. The penalty of arresto mayor and a fine not exceeding 100,000 pesos, if the threat shall not have been
made subject to a condition.
Punishable Acts:
1. Threatening another with the infliction upon his person, honor or property or that of this
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;
Elements:
1. 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.
2. Such wrong amounts to a crime.
3. There is a demand for money or that any other condition is imposed, even though
not unlawful.
4. Offender attains his purpose.
ARTICLE 282 - Grave Threats

2. Making such threat without the offender attaining 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.
Elements:
1. 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.
2. Such wrong amounts to a crime.
3. Threat is not subject to a condition.
Notes:
• Qualifying Circumstance – If threat was made:
1. in writing OR
2. through a middleman
• When threats are made and money is taken on the spot, the crime may be robbery with
intimidation.
• The penalties for the first two types of grave threats depend upon the penalties for the crimes
threatened to be committed. One degree lower if the purpose is attained, and two degrees
lower if the purpose is not attained.
ARTICLE 283 – LIGHT THREATS

Any threat to commit a wrong not constituting a crime, made in the manner expressed in
subdivision 1 of the next preceding article, shall be punished by arresto mayor.
Elements:
1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
3. There is a demand for money or that other condition is imposed, even though not unlawful;
4. Offender has attained his purpose or, that he has not attained his purpose.
Notes:
• The harm threatened must not be in the nature of crime and there is a demand for money or
any other condition is imposed, even though lawful.
• Blackmailing may be punished under this article.
Grave Threats Light Threats

Act threatened amount to a crime Act threatened do not amount to a crime
The demand for money or imposition of any The demand for money or imposition of any
other condition is not an essential element condition is an essential element, whether the
condition is attained or not.
ARTICLE 284 - BOND FOR GOOD BEHAVIOR

In all cases falling within the two next preceding articles, the person making the threats may also
be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he
shall be sentenced to destierro.
Notes:
• When a person is required to give bail bond:
1. When he threatens another under the circumstances mentioned in Art. 282 (Grave Threats).
2. When he threatens another under the circumstances mentioned in Art. 283 (Light Threats).
Bond for Good Behavior v. Bond to Keep the
Bond to Keep the Peace
Peace Bond for Good Behavior
As to purpose
for good behavior to keep peace
As to applicability to cases
Applicable only to grave threats and light threats Not application to any particular case
As to type of penalty
If the offender fails to give bond, he shall be
If offender fails to give bail, he shall be sentenced detained for a period not exceeding 6 months (if
to destierro prosecuted for grave/less grave felony) or not
exceeding 30 days (light felony)
As to effect of failure to give
Not a distinct penalty A distinct penalty
Article 285 – Other Light Threats

The penalty of arresto menor in its minimum period or a fine not exceeding 40,000 pesos shall be
imposed upon:
1. Any person who, without being included in the provisions of the next preceding article, shall
threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-
defense.
2. Any person who, in the heat of anger, shall orally threaten another with some harm not
constituting a crime, and who by subsequent acts show that he did not persist in the idea
involved in his threat, provided that the circumstances of the offense shall not bring it within
the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not constituting a felony.
Punishable Acts:
1. Threatening another with a weapon, or by 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 any harm not constituting a felony
Other Light Threats vs. Grave Threats and Light Threats
Other Light Threats Grave Threats and Light Threats
No demand for money In certain cases, demand for money is material
No condition imposed In certain cases, imposed condition is material.
Threat is not deliberate Threat is deliberate
ARTICLE 286 – GRAVE COERCIONS

person who, without authority of law, shall, by means of violence, prevent another from doing
something not prohibited by law, or compel him to do something against his will, whether it be
right or wrong.
If the coercion be committed for the purpose of compelling another to perform any religious act
or to prevent him from so doing, the penalty next higher in degree shall be imposed.
Elements:
1. A person prevented another from doing something not prohibited by law, or that he
compelled him to do something against his will; be it right or wrong;
2. The prevention or compulsion be effected by violence, threats or intimidation; and
3. 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.
Punishable Acts:
1. Preventing another, by means of violence, threats or intimidation, from doing something not
prohibited by law; (Preventive)
2. Compelling another, by means of violence, threats or intimidation, to do something against
his will, whether it be right or wrong (Compulsive)
ARTICLE 286 – GRAVE COERCIONS

Qualifying circumstances (penalty next higher is imposed)
1. If the coercion be committed in violation of the exercise of the right of suffrage;
2. If the coercion be committed for the purpose of compelling another to perform any religious
act
3. If the coercion be committed for the purpose of preventing another to perform any religious
act
When preventing is not considered Coercion:
• A public officer who shall prevent by means of violence or threats the ceremonies or
manifestations of any religion is guilty of interruption of religious worship (Art. 132).
• Any person who, by force, prevents the meeting of a legislative body is liable under Art. 143.
• The crime is not grave coercion when the violence is employed to seize anything belonging to
the debtor of the offender. It is light coercion under Art. 287.
When compelling is not considered Coercion:
• When a public officer compels a person to change his residence (Art. 127)
• When a person kidnaps his debtor to compel him to pay (Art. 267)
ARTICLE 287 – LIGHT COERCIONS

Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose
of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the value of the thing, but in no case less than P15,000.
Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from
1,000 pesos to 40,000 pesos, or both.
Elements:
1. Offender must be a creditor;
2. He seizes anything belonging to his debtor:
3. The seizure of the thing be accomplished by means of violence or a display of material force
producing intimidation;
4. The purpose of the offender is to apply the same to the payment of the debt.
Unjust Vexation
Any act committed without violence, but which unjustifiably annoys or vexes an innocent person
amounts to light coercion. It should include any human conduct which, although not productive
of some physical or material harm would, however, unjustifiably annoy or vex an innocent person.
ARTICLE 287 – LIGHT COERCIONS

Notes:
• Deals with light coercions wherein violence is employed by the offender who is a creditor in
seizing anything belonging to his debtor for the purpose of applying the same to the payment
of the debt.
• Bar Question: A was caught peeping through a small hole in the bathroom door while a young
16-year-old was taking a bath. A liable for: Light Coercion.
Reason: Unjust vexation is defined as any act committed without violence, but which
unjustifiably annoys or vexes an innocent person amounts to light coercion. It should include
any human conduct which, although not productive of some physical or material harm would,
however, unjustifiably annoy or vex an innocent person.
• Unjust Vexation is distinguished from grave coercion by the absence of violence.
Threats Coercion
Intimidation is essential Intimidation or violence is the essence of the
crime
Intimidation is future and conditional Force or violence must be imminent, actual, and
immediate
Intimidation is directed against the victim or his Intimidation is directed against the victim only
family
ART. 288. OTHER SIMILAR COERCIONS; (COMPULSORY PURCHASE OF MERCHANDISE

AND PAYMENT OF WAGES BY MEANS OF TOKENS.)
The penalty of arresto mayor or a fine ranging from 40,000 to 100,000 pesos, or both, shall be imposed
upon any person, agent or officer, of any association or corporation who shall force or compel,
directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by
such firm or corporation to be forced or compelled, to purchase merchandise or commodities of
any kind.
The same penalties shall be imposed upon any person who shall pay the wages due a laborer or
employee employed by him, by means of tokens or objects other than the legal tender currency of
the laborer or employee.
Punishable 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 of commodities
of any kind from him;
Elements:
1. Offender is any person, agent or officer of any association or corporation;
2. He or such firm or corporation has employed laborers or employees;
3. 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.
ART. 288. OTHER SIMILAR COERCIONS; (COMPULSORY PURCHASE OF MERCHANDISE

AND PAYMENT OF WAGES BY MEANS OF TOKENS.)
2. Paying the wages due his laborer or employee by means of tokens or object other than the legal
tender currency of the Philippines, unless expressly requested by such laborer or employee.
Elements:
1. Offender pays the wages due a laborer or employee employed by him by means of
tokens or object;
2. Those tokens or objects are other than the legal tender currency of the Philippines;
3. Such employee or laborer does not expressly request that he be paid by means of
tokens or objects.
General rule: wages shall be paid in legal tender and the use of tokens, promissory notes,
vouchers, coupons or any other forms alleged to represent legal tender is absolutely prohibited
even when expressly requested by the employee. (Section 1, Rule VIII, Book III, Omnibus Rules
Implementing the Labor Code)
No employer shall limit or otherwise interfere with the freedom of any employee to dispose
of his wages. He shall not in any manner force, compel, oblige his employees to purchase
merchandise, commodities or other property from the employer or from any other person.
(Art. 112, Labor Code.)
ARTICLE 289 - FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION

OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS
Elements:
1. 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. The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers
or lockout of employers.
Note: Repealed by the Labor Code.

TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY | Chapter 3: Discovery and Revelation of Trade Secrets
ARTICLE 290 – DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE

100,000 pesos shall be imposed upon any private individual who in order to discover the secrets of
another, shall seize his papers or letters and reveal the contents thereof.
If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not
exceeding 100,000 pesos.
The provision shall not be applicable to parents, guardians, or persons entrusted with the custody
of minors with respect to the papers or letters of the children or minors placed under their care or
study, nor to spouses with respect to the papers or letters of either of them.
Elements:
1. Offender is a private individual or even a public officer not in the exercise of his official
function;
2. He seizes the papers or letters of another;
3. The purpose is to discover the secrets of such another person;
4. Offender is informed of the contents of the papers or letters seized.
Notes:
• Qualifying Circumstance – offender reveals the contents of such paper or letter of another to
a third person
• Distinction from estafa, damage to property, and unjust vexation:

1. If the act had been executed with intent to gain, it would be estafa;
2. If, on the other hand, the purpose was not to defraud, but only to cause damage to another,
it would merit the qualification of damage to property;
3. If the intention was merely to cause vexation preventing another to do something which
the law does not prohibit or compel him to execute what he does not want, the act should
be considered as unjust vexation.
• The last paragraph of Article 290 expressly makes the provision of the first and second
paragraph thereof inapplicable to:
1. parents, guardians, or persons entrusted with the custody of minors placed under their
care or custody, and
2. to the spouses with respect to the papers or letters of either of them.
ARTICLE 291 - REVEALING SECRETS WITH ABUSE OF OFFICE

manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or
master and shall reveal such secrets.
Elements:
1. Offender is a manager, employee or servant;
2. He learns the secrets of his principal or master in such capacity;
3. He reveals such secrets.
Notes:
• An employee, manager, or servant who came to know of the secret of his master or principal
in such capacity and reveals the same shall also be liable regardless of whether or not the
principal or master suffered damages.
• Essence of this crime is that the offender learned of the secret in the course of his employment.
• He is enjoying a confidential relation with the employer or master so he should respect the
privacy of matters personal to the latter.
Reason: no one has a right to the personal privacy of another.
ARTICLE 292 - REVELATION OF INDUSTRIAL SECRETS

100,000 pesos shall be imposed upon the person in charge, employee or workman of any
manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal
the secrets of the industry of the latter.
Elements:
1. Offender is a person in charge, employee or workman of a manufacturing or industrial
establishment;
2. The manufacturing or industrial establishment has a secret of the industry which the offender
has learned;
3. Offender reveals such secrets;
4. Prejudice is caused to the owner.
Notes:
• Secrets must relate to manufacturing processes.
• The act constituting the crime is revealing the secret of the industry which the offender has
learned.
• The revelation of the secret might be made after the employee or workman had ceased to be
connected with the establishment.
• Prejudice is an element of the offense.

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Title 9 Criminal Law Review

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TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY & SECURITY

Chapter One: Crimes against Liberty

Chapter Two: Crimes against Security

Section Two - Trespass to dwelling

Chapter Three: Discovery and Revelation of Secrets

ARTICLE 267 – KIDNAPPING AND SERIOUS ILLEGAL DETENTION.

ARTICLE 267 – KIDNAPPING AND SERIOUS ILLEGAL DETENTION.

ARTICLE 267 – KIDNAPPING AND SERIOUS ILLEGAL DETENTION.

ARTICLE 267 – KIDNAPPING AND SERIOUS ILLEGAL DETENTION.

ARTICLE 268 – SLIGHT ILLEGAL DETENTION

ARTICLE 269 – UNLAWFUL ARREST

ARTICLE 269 – UNLAWFUL ARREST

ART. 270. KIDNAPPING AND FAILURE TO RETURN A MINOR.

ARTICLE 271 - INDUCING A MINOR TO ABANDON HIS HOME

ART. 272 – SLAVERY

ARTICLE 273 - EXPLOITATION OF CHILD LABOR

ARTICLE 274 - SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

ARTICLE 275 - ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF

ARTICLE 276 – ABANDONING A MINOR

ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH CUSTODY;

Article 278 - Exploitation of Minors

Article 278 - Exploitation of Minors

ARTICLE 279 - ADDITIONAL PENALTIES FOR OTHER OFFENSES

ARTICLE 280 – QUALIFIED TRESPASS TO DWELLING

ARTICLE 281 - OTHER FORMS OF TRESPASS

ARTICLE 282 - Grave Threats

ARTICLE 282 - Grave Threats

ARTICLE 283 – LIGHT THREATS

Grave Threats Light Threats

ARTICLE 284 - BOND FOR GOOD BEHAVIOR

Article 285 – Other Light Threats

ARTICLE 286 – GRAVE COERCIONS

ARTICLE 286 – GRAVE COERCIONS

ARTICLE 287 – LIGHT COERCIONS

ARTICLE 287 – LIGHT COERCIONS

ART. 288. OTHER SIMILAR COERCIONS; (COMPULSORY PURCHASE OF MERCHANDISE

ART. 288. OTHER SIMILAR COERCIONS; (COMPULSORY PURCHASE OF MERCHANDISE

ARTICLE 289 - FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION

Note: Repealed by the Labor Code.

ARTICLE 290 – DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE

• Distinction from estafa, damage to property, and unjust vexation:

ARTICLE 291 - REVEALING SECRETS WITH ABUSE OF OFFICE

ARTICLE 292 - REVELATION OF INDUSTRIAL SECRETS

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