Title Nine

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Crimes against personal liberty

1. Kidnapping and serious illegal detention [Art. 267]

2. Slight illegal detention [Art. 268]
3. Unlawful arrest [Art. 269]
4. Kidnapping and failure to return a minor [Art. 270]
5. Inducing a minor to abandon his home [Art. 271]
6. Slavery [Art. 272]
7. Exploitation of child labor [Art. 273]
8. Services rendered under compulsion in payment of debt [Art. 274]

Crimes against security

1. Abandonment of person in danger and abandonment of one's own victim [Art. 275]
2. Abandoning a minor [Art. 276]
3. Abandonment of minor by person entrusted with his custody; indifference of parents [Art. 277]
4. Exploitation of minors [Art. 278]
5. Additional penalties for other offenses [Art. 279]
6. Qualified trespass to dwelling [Art. 280]
7. Other forms of trespass [Art. 281]
8. Grave threats [Art. 282]
9. Light threats [Art. 283]
10. Bond for good behavior [Art. 284]
11. Other light threats [Art. 285]
12. Grave coercions [Art. 286]
13. Light coercions and unjust vexation [Art. 287]
14. Other similar coercions [Art. 288]
15. Formation, maintenance and prohibition of combination of capital or labor through violence or threats [Art. 289]
16. Discovering secrets through seizure of correspondence [Art. 290]
17. Revealing secrets with abuse of office [Art. 291]
18. Revelation of industrial secrets [Art. 292]
Chapter One. Crimes Against Liberty

Crime Elements Important Points to Remember Penalty

KIDNAPPING AND 1. That the offender Ransom – money, price or consideration paid or demanded reclusion
SERIOUS ILLEGAL is a private for redemption of a captured persons, a payment that perpetua to
DETENTION individual releases from captivity death
2. That he kidnaps or
Art. 267. Any private detains another, or Special Complex Crime of Kidnapping with Murder or death – where
individual who shall in any other Homicide – where the person kidnapped is killed in the the
kidnap or detain manner deprives course of detention, regardless of whether the killing was kidnapping or
another, or in any the latter of his purposely sought or was merely an afterthought, the detention was
other manner deprive liberty kidnapping and murder or homicide can no longer be committed for
him of his liberty, 3. That the act of complexed under Art. 48, nor be treated as separate crimes, the purpose of
shall suffer the penalty detention or but shall be punished as a special complex crime under the extorting
of reclusion perpetua kidnapping must last paragraph of Art. 267. ransom, even
to death: be illegal if none of the
4. That in the Note: circumstances
1. If the kidnapping or commission of the 1. The act of the accused in detaining the victim in his above-
detention shall have offense, any of the custody is the controlling element of the crime of mentioned
lasted more than five following kidnapping and detention were present
days. circumstances is 2. Deprivation of one’s liberty under any of the four in the
present: instances is the essential element. However, when commission
2. If it shall have been a) That the kidnapping or detention was committed for the purpose of the offense.
committed simulating kidnapping or of extorting ransom, the four circumstances is not
public authority. detention last necessary.
for more than 3. The actual demand for ransom is not necessary as long
3. If any serious three days as the kidnapping or detention is committed for the
physical injuries shall b) That it is purpose of extorting ransom
have been inflicted committed 4. The purpose is immaterial when any of the four
upon the person simulating circumstances in the first paragraph is present
kidnapped or detained; public authority 5. If the offender is a public officer, the crime is arbitrary
or if threats to kill him c) That nay serious detention, when such officer has the duty under the law
shall have been made. physical injuries to detain a person; otherwise he is liable under this
are inflicted Article.
4. If the person upon the person 6. When a victim is a minor and the accused is one of the
kidnapped or detained kidnapped or parents – penalty under Art. 271 par. [2] - arresto
shall be a minor, detained or mayor or a fine not exceeding P300, or both
female or a public threats to kill 7. Intention of the accused to deprive victim of his liberty
officer. him are made for purpose of extorting ransom is essential in crime,
d) That the person hence, when there is lack of motive to resort to
The penalty shall kidnapped or kidnapping, the accused is not liable.
be death where the detained is a 8. The carrying away of the victim in the crime of
kidnapping or minor (except kidnapping can either be made forcibly (against the
detention was when the victim’s will) or fraudulently (when the victim went
committed for the accused is any with the accuse under false inducement)
purpose of extorting of the parents), 9. Detention or locking up of victim (actual confinement
ransom from the female, or a or restriction of the person of the offended party) is
victim or any other public officer essential, but it is not necessary that it is an enclosure
person, even if none of and restraint need not be permanent
the circumstances Circumstances 10.There is deprivation of liberty when the victim has no
above-mentioned were where maximum freedom to leave the place at will, even if he has
present in the penalty is imposed freedom of locomotion.
commission of the 1. Purpose of the 11.Detention must be illegal, i.e. when not ordered by
offense. kidnapping or competent authority or not permitted by law
detention is to 12.When the victim is taken from one place to another
When the victim is extort ransom solely for the purpose of killing him and the forcible
killed or dies as a 2. Victim is killed taking is only incidental to the killing, the crime
consequence of the or dies as a committed is murder and not a special complex crime
detention or is raped, consequence of of kidnapping with murder.
or is subjected to the detention 13.There is no complex crime of illegal detention with
torture or 3. Victim is raped rape under Art. 48.
dehumanizing acts, the 4. Victim is 14.Conspiracy to extort ransom makes all conspirators
maximum penalty subjected to liable under the 2nd paragraph, including those who did
shall be imposed. torture or not take any part of the money
dehumanizing
 acts

Crime Elements Important Points to Remember Penalty

SLIGHT ILLEGAL 1. That the offender 1. Participation of accomplice in furnishing place is reclusion
DETENTION is a private raised to that of a real co- principal temporal -
Art. 268. The penalty of individual offender
reclusion temporal shall be 2. If the participation of the accomplice is other than and person
2. That he kidnaps
imposed upon any private furnishing the place for perpetration of the crime, who
individual who shall commit or detains the penalty is one-degree lower as that of a true furnished
the crimes described in the another, or in any accomplice. place
next preceding article other manner for
without the attendance of any deprives him of 3. Privileged mitigating circumstance in slight perpetration
of the circumstances his liberty illegal detention which must concur: of crime
enumerated therein. 3. That the act of a) Voluntarily releases person so kidnapped or
detained within 3 days from commencement of prisión mayor
kidnapping or
The same penalty shall be detention in its
incurred by anyone who shall detention is b) Without having attained purpose intended minimum and
furnish the place for the illegal c) Before the institution of criminal proceedings medium
perpetration of the crime. 4. That the crime is against him periods and a
committed fine not
If the offender shall without the 4. When the victim is a female, voluntary release is exceeding
voluntarily release the person attendance of any not mitigating. ₱100,000 –
so kidnapped or detained offender who
of the
within three (3) days from voluntary
the commencement of the circumstances release his
detention, without having enumerated in victim
attained the purpose Article 267
intended, and before the
institution of criminal
proceedings against him, the
penalty shall be prisión
mayor in its minimum and
medium periods and a fine
not exceeding one hundred
thousand pesos (₱100,000).

UNLAWFUL ARREST 1. That the Unlawful arrest distinguished from other illegal arresto
offender arrests detention: if the purpose of locking up or detaining is mayor and a
Art. 269. The penalty of or detains to fine not
arresto mayor and a fine not another person deliver to authorities, the crime is unlawful arrest; exceeding
exceeding One hundred 2. That the otherwise, ₱100,000
thousand pesos (₱100,000) purpose of the it is other illegal detention
shall be imposed upon any offender is to
person who, in any case other deliver him to Distinguished from Article 125 - 126:
than those authorized by law, the proper a. Article 126 – detention is for legal grounds; in
or without reasonable ground authorities unlawful arrest – detention is illegal
therefor, shall arrest or detain 3. That the arrest b. Article 125 – crime is failing to deliver person; in
another for the purpose of or detention is unlawful arrest – crime is making unauthorized arrest
delivering him to the proper not authorized
authorities. by law or there Note:
is no 1. The offender is any person, whether a public
reasonable officer or a private individual
ground 2. There is no unlawful arrest when the arrest is
therefore authorized by a warrant issued by the court
3. No period of detention is fixed by law, but the
motive of offender is controlling
4. Even if the purpose of the offender is to deliver
the offender party to the proper authorities,
absent warrant of arrest, is still unlawful arrest
Section Two. — Kidnapping of minors
Crime
KIDNAPPING AND
FAILURE TO RETURN A
MINOR
Art. 270. 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.
INDUCING A MINOR TO
ABANDON HIS HOME
Art. 271. The penalty of
prisión correccional and a
fine not exceeding one
hundred thousand pesos
(₱100,000) shall be imposed
upon anyone who shall
induce a minor to abandon
the home of his parents or
guardians or the persons
entrusted with his custody.
If the person committing
any of the crimes covered by
the two (2) preceding articles
shall be the father or the
mother of the minor, the
penalty shall be arresto
mayor or a fine not exceeding
Forty thousand pesos
(₱40,000), or both.
Elements
1. That the offender is
entrusted with the custody
of a minor person (below
18 years of age)
[R.A. No. 6809 reduced the age
of majority to 18 years old]
2. That he deliberately fails
to restore the said minor
to his parents or guardians
1. That a minor is living in the
home of his parents or
guardian or person
entrusted with his custody
2. That the offender induces
said minor to leave such
home
Important Points to Remember Penalty
Distinguishing Article 267 and reclusion perpetua
Article 270:
1. In Article 267 – the offender is
not entrusted with custody
2. In Article 270 – the offender is
entrusted with custody of
Minor
Note:
1. The essential element which
qualifies the crime of
kidnapping a minor under Art.
270 is that the offender is
entrusted with the custody of
the minor. What is punished is
the deliberate failure of the
offender having custody of the
minor to restore him to his
parent or guardian.
2. This covers all minors, whether
under or over 7 years of age
3. What is punished is the
deliberate failure of latter to his
parents or guardians
4. Kidnapping and failure to return
a minor is necessarily included
in Kidnapping and Serious
Illegal Detention
1. The inducement must be actual, prisión correccional
committed with criminal intent, and a fine not
and determined by a will to exceeding ₱100,000
cause damage – offender is any
2. The act of inducing a minor to person
abandon his home or the home
of his guardian is what
constitutes the crime and it is arresto mayor or a
not necessary that the minor fine not exceeding
actually abandons the home. ₱40,000, or both –
3. The minor should not leave his offender is parent of
home on his own free will; the minor
otherwise the accused shall not
be guilty
4. When the father and mother are
living separately, and the
custody of their minor child has
been given to one of them, the
one other parent who kidnaps
the minor child from the one
having lawful custody or
induces such minor to leave his
home is liable
Section Three. — Slavery and servitude
Crime
SLAVERY
Art. 272. 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.
EXPLOITATION OF
CHILD LABOR
Art. 273. 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.
SERVICES RENDERED
UNDER COMPULSION
IN PAYMENT OF DEBT
Art. 274. 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. That the offender
purchases, sells, kidnaps
or detains a human
being.
2. That the purpose of the
offender is to enslave
such human being
1. That the 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
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
Important Points to Remember Penalty
Slavery and Kidnapping or Illegal prision mayor and a
Detention Distinguished: fine of not exceeding
a. Slavery – purpose is to enslave 10,000 pesos
victim
b. Kidnapping or Illegal Detention – higher penalty – if
any other purpose the purpose is for
some immoral traffic
1. If the purpose of the offender is to
assign the offended party to some
immoral traffic (prostitution), the
penalty is higher.
2. The employment or custody of a
minor with the consent of the
parent or guardian although against
the child’s will cannot be
considered to be involuntary
servitude.
3. But where the offended party’s
service is without remuneration
and he is to remain so long as the
debt is unpaid, there is slavery.
1. The service of the minor must be prision correccional
against his will in its minimum and
2. The existence of indebtedness medium periods and
constitutes no legal justification a fine not exceeding
for holding a person and depriving 500 pesos
him of his freedom to live where
he wills
1. The article specifically provides arresto mayor in its
that the debtor is compelled to maximum period to
work as household servant or prision correccional
farm laborer and not any other in its minimum
work period
2. This article, like Article 273,
punishes a form of slavery, but
Article 274 does not distinguish
whether the victim is a minor or
not
3. Under this article it is the debtor
who is compelled to work for the
offender, while in Article 273 it
is the minor
Chapter Two. Crimes Against Security
Section One. — Abandonment of helpless persons and exploitation of minors
Crime
ABANDONMENT OF PERSON
IN DANGER AND
ABANDONMENT OF ONE'S
OWN VICTIM
Art. 275. The penalty of arresto
mayor shall be imposed upon:
1. Anyone 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.
ABANDONING A MINOR
Art. 276. The penalty of arresto
mayor and a fine not exceeding one
hundred thousand pesos (₱100,000)
shall be imposed upon anyone who
shall abandon a child under seven
(7) 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
prisión correccional in its medium
and maximum periods; but if the
life of the minor shall have been in
danger only, the penalty shall be
prisión correccional in its minimum
and medium periods.
The provisions contained in the
two (2) 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
Acts Punishable:
1. Failing to render assistance to
any person whom offender
finds 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
a) The place is uninhabited
b) The accused found there a
person wounded or in
danger of dying
c) The accused can render
assistance without
detriment to himself
d) The accused fails to
render assistance
2. Failing to help or render
assistance to another whom
the offender has accidentally
wounded or injured
3. Failing to deliver a child,
under 7 years of age whom
the offender has found
abandoned, to the authorities
or to his family, or by failing
to take him to a safe place
1. That the offender has the
custody of a child
2. That the child is under 7
years of age
3. That he abandons such child
4. That he has not intent to kill
the child when the latter is
abandoned
Qualifying Circumstances:
1. Abandonment resulted in
death of the child
2. Abandonment results to
danger in child’s life
Important Points to Remember Penalty
1. Paragraph [1] applies when arresto
offender found the victim mayor
wounded in an uninhabited
place or in danger of dying
2. Paragraph [2] of this article
applies only when someone is
accidentally injured by the
accused
3. Paragraph [3] applies to one
who found a lost child
4. It is immaterial that the offender
did not know that the child is
under 7 years old
5. 4. The child under 7 years of
age must be found by the
accused in an unsafe place
1. When there is intent to kill this arresto mayor
article does not apply. and a fine not
2. Intent to kill cannot be exceeding
₱100,000.00 –
presumed from the death of a
abandonment
child of child under
a. Crimes against Persons – intent 7 years old
to kill is presumed
b. Crimes against Security – intent prisión
to kill is not presumed Under correccional
Art. 276, par [1], the law in its
penalizes the mere abandonment minimum and
of a child even when his life is medium
periods –
not endangered, so long as there
when
is an interruption of the care and abandonment
protection he needs by reason of results to
his tender age. danger in
3. The abandonment referred is child’s life
that which deprives him of the
care and protection from danger prisión
to his person. A permanent, correccional
conscious and deliberate in its medium
and maximum
abandonment is required by this periods –
article. abandonment
4. Parents guilty of abandoning results to
their children shall be deprived death of the
of parental authority child
 Crime
ABANDONMENT OF
MINOR BY PERSON
ENTRUSTED WITH HIS
CUSTODY;
INDIFFERENCE OF
PARENTS
Art. 277. The penalty of
arresto mayor and a fine not
exceeding one hundred
thousand pesos (₱100,000)
shall be imposed upon
anyone who, having charge
off 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 requires and
financial condition permits.
Elements
Acts Punished:
a) Abandonment of minor by one
charged with the rearing or
education of said minor
- 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 that one, without
the consent of the proper authorities
1. The offender has charge of the
rearing/education of a minor
2. He delivers 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
b) Indifference of parents
- By neglecting his (offender’s)
children by not giving them the
education which their station in life
requires and financial condition
permits
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
Important Points to Remember Penalty
Rear – bring to maturity by arresto
educating, mayor and a
nourishing, fine not
exceeding
Article 276 Distinguished from ₱100,000
Article 277
(a) Article 276 – the custody of
the offender is general; Article
277 – the custody of the offender
is specific (custody for the rearing
or education of minor)
(b) Article 276 – minor is under
7; Article 277 – minor is under 21
[18]
(c) Article 276 – minor is
abandoned in such
a way as to deprive him of the
care and
protection that his tender years
need; Article 277 – minor is
delivered to a public institution or
other person
Note:
1. Only the person charged with
“the rearing or education” of
the minor is liable
2. The obligation to educate
children is terminated if the
mother and the children
refused without good reason to
lived with the accused.
3. Failure to give education must
be due to deliberate desire to
evade such obligation
 Crime Elements Important Points to Penalty
Remember

EXPLOITATION OF MINORS 1. By causing any boy or girl Exploitation of minors prisión

under 16 to perform any distinguished from correccional in
Art. 278. The penalty of prisión dangerous feat of balancing, Inducing a minor to its minimum
correccional in its minimum and medium physical strength or contortion, abandon his home and medium
periods and a fine not exceeding one the offender being any person a) Exploitation of minors periods and a
hundred thousand pesos (₱100,000) shall be
– if the purpose is to fine not
imposed upon:
2. By employing children under follow any of the exceeding
1. Any person who shall cause any boy or 16 who are not the children or mentioned callings; ₱100,000.00
girl under sixteen (16) years of age to descendants of the offender in Inducing Minor – if
perform any dangerous feat of balancing, exhibitions of acrobat, gymnast, there is no such maximum
physical strength, or contortion. rope walker, diver, or wild- purpose period – if
animal tamer, the offender b) Exploitation – victim delivery shall
2. Any person who, being an acrobat, being an acrobat, etc. or circus must be under 16; have been made
gymnast, rope-walker, diver, wild-animal manager or person engaged in a Inducing minor – in consideration
tamer or circus manager or engaged in a
similar calling minor under 21 [18] of any price,
similar calling, shall employ in exhibitions
of these kinds’ children under sixteen (16) compensation,
years of age who are not his children or 3. By employing any descendant Note: or promise
descendants. under 12 in dangerous 1. Offender shall be
exhibitions enumerated in the deprived of parental
3. Any person engaged in any of the next preceding paragraph, the authority or
callings enumerated in the next preceding offender being engaged in any guardianship if found
paragraph who shall employ any descendant of the said callings liable
of his under twelve years (12) years of age 2. Exploitation of minors
in such dangerous exhibitions.
4. By delivering a child under 16 must refer to an act
4. Any ascendant, guardian, teacher or gratuitously to any person endangering the life or
person entrusted in any capacity with the following any of the calling safety of the minor
care of a child under sixteen (16) Years of enumerated in paragraph 2, or
age, who shall deliver such child to any habitual vagrant or Qualifying Circumstance
gratuitously to any person following any of beggar, the offender being an – if delivery is made in
the callings enumerated in paragraph 2 ascendant, guardian, teacher, or consideration of any price,
hereof, or to any habitual vagrant or beggar. person entrusted in any capacity compensation or promise
with the care of such child
If the delivery shall have been made in
consideration of any price, compensation,
or promise, the penalty shall in every case 5. By inducing any child under 16
be imposed in its maximum period.1âwphi1 to abandon the home of its
ascendants, guardians, curators,
In either case, the guardian or curator or teachers to follow any person
convicted shall also be removed from office engaged in any of the callings
as guardian or curator; and in the case of the mentioned in paragraph 2 or to
parents of the child, they may be deprived, accompany any habitual vagrant
temporarily or perpetually, in the discretion
or beggar, the offender being
of the court, of their parental authority.
any person
5. Any person who shall induce any child
under sixteen (16) 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.

ADDITIONAL PENALTIES FOR

OTHER OFFENSES

Art. 279. 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.
Section Two. – Trespass to dwelling
Crime
QUALIFIED TRESPASS
TO DWELLING
Art. 280. 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 two
hundred thousand pesos
(₱200,000).
If the offense be
committed by means of
violence or intimidation, the
penalty shall be prisión
correccional in its medium
and maximum periods and a
fine not exceeding Two
hundred thousand pesos
(₱200,000).
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,
inns and other public
houses, while the same are
open.
OTHER FORMS OF
TRESPASS
Art. 281. The penalty of
arresto menor or a fine not
exceeding forty thousand
pesos (₱40,000), or both,
shall be imposed upon any
person who shall enter the
closed premises or the
fenced estate of another,
while either or both of
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 Important Points to Remember Penalty
1. That the offender is a Dwelling Place – any building or structure arresto
private person exclusively devoted mayor and a
2. That he enters the for rest and comfort fine not
dwelling of another exceeding
3. That such entrance is Note: ₱200,000.00
against the latter’s will 1. If the offender is a public officer, the crime
would be violation of domicile (Art. 128) prisión
Exceptions: 2. Lack of permission or absence of consent does correccional
1. If the entrance to not amount to prohibition, there must be in its
another’s dwelling is expressed or presumed opposition on the part medium and
made for the purpose of of the owner of the house to the entry of the maximum
preventing some serious accused periods and a
harm to himself, the 3. Prohibition may be implied in certain instances fine not
occupants of the (e.g. consideration of time, door was closed, exceeding
dwelling or a third entrance through the window, etc.) ₱200,000 –
person 4. Prohibition must be in existence prior to or at committed
2. If the purpose is to the time of the entrance by means of
render some service to 5. What is intended to be protected and preserved violence or
humanity or justice is the privacy of one’s dwelling. intimidation
3. If the place where 6. Criminal intent is inherent in unwelcome visit
entrance is made is a of trespasser.
café, tavern, inn, and 7. Prohibition from entry is not necessary when
other public houses, violence or intimidation is employed by the
while the same are still offender
open 8. Violence or intimidation may take place
immediately after the entrance
Qualifying Circumstance 9. Trespass may be committed by owner of
– if the offense is dwelling when there is prohibition from the
committed by actual occupant of the dwelling.
means of violence or 10.If there is no overt act to commit another crime,
intimidation the crime is only trespass to dwelling
11.The crime of trespass to dwelling is a separate
and distinct offense from homicide when the
intent to kill any person is an afterthought upon
entry to escape arrest from occupants
1. That the offender enters Premises – distinct and definite locality arresto
the closed premises or menor or a
the fenced estate of Art 281 Distinguished from Trespass to fine not
another Dwelling: exceeding
2. That the entrance is 1. Trespass – offender is private person; Other ₱40,000.00,
made while either of Trespass – any person or both,
them is uninhabited 2. Trespass – offender enters a dwelling house;
3. That the prohibition to Other Trespass – enters closed premises or
enter be manifest fenced in estate
4. That the trespasser has 3. Trespass – inhabited; Other Trespass –
not secured the uninhabited
permission of the owner 4. Trespass – against the will of the owner; Other
or the caretaker thereof Trespass – without securing permission of
owner or caretaker
5. Trespass – prohibition is express/implied;
Other Trespass – prohibition to enter is
manifest

Section Three. — Threats and coercion
Crime
GRAVE THREATS Acts Punished:
a) By threatening another with the
Art. 282. 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 he threatened to
commit, if the offender
shall have made the
threat demanding money
or imposing any other
condition, even though
not unlawful, and said b) By making such threat without the
offender shall have
attained his purpose. If
the offender shall not c) By threatening another with the
have attained his
purpose, the penalty
lower by two (2) 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 one hundred
thousand pesos
(₱100,000), if the threat Qualifying Circumstances:
shall not have been made
subject to a condition.
LIGHT THREATS
Art. 283. 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.
Note:
When entering an uninhabited premise, prohibition
is manifest and no permission is given.
Elements Important Points to Remember Penalty
1.
2. The threat must be to inflict a (a) one degree
wrong amounting to a crime upon lower than the
infliction upon his person, honor or the person, honor, or property of penalty for
property or that of his family of any the offended party or that of his the crime
wrong amounting to a crime and family threatened to
demanding money or imposing any 3. There must be a demand for money be committed
other condition, even though not or imposing of another condition, – if purpose is
unlawful, and the offender attained even though not unlawful. not attained
his purpose 4. The third form of grave threats
1. That the offender threatens another must be serious and made with (b) two
person with the infliction upon the deliberate purpose of creating in degree lower
latter’s person, honor or property, or the mind of the person threatened than the
upon that of the latter’s family, of the belief that the threats will be penalty for
any wrong carried into effect. the crime
2. That such wrong amounts to a crime 5. Intimidation is essential in the threatened to
3. That there is a demand for money or crime of threats. There must be be committed
that any other condition is imposed, promise of some future harm or – if the
even though not unlawful injury, either to the person, honor purpose is not
4. That the offender attains his purpose or property of the offended party or attained
of his family.
6. The act threatened to be committed
must be a wrong (unlawful) (c) fixed to
offender attaining his purpose 7. If the threat is made in a heat of arresto
anger, it is not punished under this mayor and a
article fine not
infliction upon his person, honor or 8. If the condition is not proved, it is exceeding
property or that of his family of any grave threats under sub-paragraph ₱100,000 –
wrong amounting to a crime, the [2] if the threat is
threat not being subject to a condition 9. Grave threats may be committed not subject to
1. That the offender threatens another even if the complainant is absent a condition
person with the infliction upon the when challenge is made
latter’s person, honor, or property, 10.Crime of grave threats is
or upon the latter’s family, of any consummated as soon as the threats (d) maximum
wrong come to the knowledge of the period – if
2. That such wrong amounts to a person threatened penalty is
crime 11.Threats made in connection with made in
3. That the threat is not subject to a the commission of other crimes are writing or
condition absorbed by the latter. through a
12.The offender in grave threats does middleman
not demand the delivery on the spot
of the money or other personal
1. Threat made in writing property asked of him; otherwise
2. Threat made thru a middleman the crime committed would be
robbery with intimidation.
1. That the offender makes a threat to 1. Light threats are committed in the arresto
commit a crime same manner as grave threats, mayor
2. That the wrong does not constitute a except that the act threatened to be
crime committed should not be a crime
3. That there is a demand for money or
that other condition is imposed, 2. Blackmailing may be punishable
even though not lawful under this article
4. That the offender has attained or not
attained his purpose
 Crime
BOND FOR GOOD
BEHAVIOR
Art. 284. 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.
OTHER LIGHT
THREATS
Art. 285. The penalty of
arresto menor in its
minimum period or a fine not
exceeding forty thousand
pesos (₱40,000) 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 shows 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
Elements
Required to Give Bail not
to Molest Another:
1. When he threatens another
under the circumstances
mention in Article 282
2. When he threatens another
under the circumstances
mention in Article 283
Acts punished:
1. By threatening another
with a weapon, or by
drawing such weapon in a
quarrel, unless it be in
lawful self-defense
a)Threatening to draw a
weapon, even if there is
no quarrel
b) Drawing a weapon
in a quarrel, which is
not in lawful self-
defense
2. By orally threatening
another, in the heat of
anger, with some harm
constituting a crime,
without persisting in the
idea involved in his
threat
3. By orally threatening to
do another any harm not
constituting a felony
Important Points to Remember Penalty
Compared with Article 35 Destierro – if offender
1. Art. 35 is a distinct penalty fails to give bail
which provides for bond to
keep the peace; this article
provides for bond for good
behavior
2. Article 35 not made applicable
to any particular case; this
article applicable only to cases
of grave and light threats
3. Failure to give in Article 35 –
detained; this article –
destierro
Note:
The giving of bail is an additional
penalty
Article 285 compared with arresto menor in its
Article 282 and 283 minimum period or a fine
a) Article 285 Par. 2 is similar to not exceeding
third form of grave threats ₱40,000.00
because the harm threatened to
be committed is a crime
b) Article 285 Par. 3 is similar to
light threats, because harm
threatened to be committed is
not a crime
c) Article 285 – there is no
demand for money or
condition or threat is not
deliberate
Note:
1. Threats, which ordinarily
would be grave threats, if
made in heat of anger without
persisting in the idea involved
in his threat is liable under this
article
2. Light threats may be
committed where the person to
whom it is directed is absent
 Crime Elements
GRAVE 1. That a person prevented
COERCIONS another from doing
something not
Art. 286. The prohibited by law, or
penalty of prisión that he compelled him
correccional and a to do something against
fine not exceeding his will, be it right or
one hundred wrong
thousand pesos
(₱100,000) shall be 2. That the prevention or
imposed upon any compulsion be effected
person who, by violence, threats or
without any intimidation
authority of law,
shall, by means of 3. That the person that
violence, threats, or restrained the will and
intimidation, liberty of another had
prevent another not the authority of law
from doing or the right to do so, or,
something not in other words, that the
prohibited by law, restraint shall not be
or compel him to made under authority of
do something law or in the exercise of
against his will, lawful right
whether it be
right or wrong. Two Ways of Committing
1. By preventing another,
If the coercion by means of violence,
be committed in threats or intimidation,
violation of the from doing something
exercise of the not prohibited by law
right of suffrage, or
for the purpose of 2. By compelling another,
compelling another by means of violence,
to perform any threats or intimidation,
religious act, or to to do something against
prevent him from his will, whether it be
exercising such right or wrong
right or from so
doing such act, the Purpose of the law –
penalty next higher enforce the principle that
in degree shall be no person may take the law
imposed. into his own hands
Qualifying
Circumstances
1. Committed in violation
of right to vote
2. Committed to compel
another to perform any
religious act
3. Committed to prevent
another from
performing any
religious act
Important Points to Remember Penalty
1. The thing prevented from execution must not be prisión
prohibited by law; otherwise, there will be no correccional and
coercion. a fine not
2. The force or violence must be immediate, actual or exceeding
imminent. The act of preventing by force or ₱100,000
violence must be made at the very moment the
offended party was doing or about to do the act to Higher Degree
be prevented. Penalty (prision
3. The absence of material force, even if accused is mayor)
1. coercion
armed, does not constitute coercion. But
committed in
surrounding the complainant in a notoriously
violation of the
threatening attitude thereby creating a situation that exercise of the
intimidated the complainant and compel him to do right of
his bidding constitutes grave coercion. suffrage
4. Compelling another to do something includes the
offender’s act of doing it himself while subjecting 2. coercion
another to his will committed to
5. When the complainant is in actual possession of a compel another
thing, even if he has no right to that possession, to perform any
compelling him by means of violence to give up religious act
possession, even by owner, is grave coercion. This
is because no man is authorized to take the law 3. coercion
into his hands and enforce his rights with committed to
threats or violence except in cases where there prevent another
is necessity to defend one’s life, liberty or from
property. performing any
6. The person who restrains the will and liberty of religious act
another must not have the right to do so as a
private person or does not act in the exercise of a
duty in the case of a person with a duty to perform
or with authority as a public functionary.
7. Coercion is consummated even if the offended
party did not accede to the purpose of the coercion
8. There is no grave coercion when the accused acts
in good faith in performance of duty
9. The owner of the thing has no right to prevent
interference with it when interference is necessary
to avert greater damage.
10.The owner of a thing has no right to prohibit the
interference of another with the same, if the
interference is necessary to avert an imminent
danger and the threatened damage, compared to the
damage arising to the owner from the interference,
is much greater. The owner may demand from the
person benefited indemnity for the damage to him.
(Art. 432, New Civil Code)
Other Crimes of Preventing
 Interruption of Religious Worship (Art. 132)
 Preventing the meeting of the Assembly and similar
bodies (Art. 143)
 If the act was already done when violence is
exerted, the crime is unjust vexation
Other Crimes of Compelling
 Expulsion (Art. 127)
 Kidnapping to compel payment of debt (Art. 267)
 Crime
LIGHT COERCIONS
Art. 287. 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 fifteen
thousand pesos (₱15,000).
Any other coercions or
unjust vexations shall be
punished by arresto menor
or a fine ranging from one
thousand pesos (₱1,000) to
not more than forty
thousand pesos (₱40,000),
or both.
Elements Important Points to Remember Penalty
1. That the offender must Unjust vexation – any human conduct arresto mayor in
be a creditor which, although not productive or some its minimum
physical or material harm would, however, period and a fine
2. That he seizes anything unjustly annoy or vex an innocent person; equivalent to the
belonging to his debtor causes another annoyance, irritation, value of the
vexation, torment, distress or disturbance to thing, but in no
3. That the seizure of the the mind of the person to whom it is directed. case less than
thing be accomplished ₱15,000 – use of
by means of violence or Note: violence to seize
a display of material 1. Paragraph 1 is limited to a case where the things from
force producing offender seized anything belonging to his debtor
intimidation debtor by means of violence to apply the
same to the payment of the debt. If seized arresto menor or
4. That the purpose of the belonging is held merely as security, there a fine ranging
offender is to apply the is no light coercion. from ₱1,000 to
same to the payment of 2. Actual physical violence need not be not more than
the debt employed. It is sufficient that that the ₱40,000, or both
attitude of the offender in seizing the – any other
property of his debtor is notoriously coercions or
menacing as to amount to a grave unjust vexations
intimidation
3. There is no violence or intimidation in
unjust vexation
4. Taking possession of the thing belonging
to the debtor, through deceit and
misrepresentation, or the purpose of
applying the same to the payment of the
debt, is unjust vexation under Art. 287.
5. When the act of the accused has no
connection with previous acts of violence,
it is only unjust vexation
 Crime Elements Important Points to Penalty
Remember

OTHER SIMILAR 1. By forcing or compelling, directly or 1. Laborers or employees arresto mayor

COERCIONS
Art. 288. Compulsory purchase
of merchandise and payment of
wages by means of tokens – The
penalty of arresto mayor or a
fine ranging from forty thousand
pesos (₱40,000) to one hundred
thousand pesos (₱100,000), 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 Philippines,
unless expressly requested by the
laborer or employee.
indirectly, or knowingly permitting the
forcing or compelling of the laborer or
employee of the offender to purchase
merchandise or commodities of any
kind
a. That the offender is any person,
agent or officer of any association or
corporation
b. That he or such firm or corporation
has employed laborers or employees
c. 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. By paying wage due his laborer or
employee by means of tokens or
objects other than the legal tender
currency of the Philippines, unless
expressly requested by such laborer or
employee
a. That the offender pays the wages
due a laborer or employee
employed by him by means of
tokens or objects
b. That those tokens or objects are
other than the legal tender currency
of the Philippines
c. That such employee or laborer does
not expressly request that he be
paid by means of tokens or objects
have the right to receive or a fine
just wages in legal tender ranging from
2. Employers are prohibited ₱40,000 to
from compelling ₱100,000, or
employees to purchase his both
merchandise or
commodities, or
compelling him to receive
tokens, vouchers,
promissory notes,
coupons or any other form
alleged to represent legal
tender in payment of his
wages
3. Inducing an employee to
give up any part of his
wages by force, stealth,
intimidation, threat or by
any other means is
unlawful under the Labor
Code, not under the RPC

FORMATION,
MAINTENANCE AND
PROHIBITION OF
COMBINATION OF
CAPITAL OR LABOR
THROUGH VIOLENCE OR
THREATS
Art. 289. The penalty of arresto
mayor and a fine not exceeding
sixty thousand pesos (₱60,000)
shall be imposed upon any
person who, for the purpose of
organizing, maintaining or
preventing coalitions of capital or
labor, strike of laborers or lock-
out of employers, shall employ
violence or threats in such a
degree as to compel or force the
laborers or employees in the free
and legal exercise of their
industry or work, if the act shall
1. That the offender employs violence or 1. The act should not be a arresto mayor
threats, in such a degree as to compel more serious offense, and a fine not
or force the laborers or employers in otherwise it shall be exceeding
the free and legal exercise of their punished under another ₱60,000.00
industry or work article
2. Peaceful picketing is part
2. That the purpose is to organize, of freedom of speech and
maintain or prevent coalitions of cannot be prohibited
capital or labor, strike of laborers or 3. The right to picket should
lockout of employers be confined strictly and in
good faith to gaining
information and to
peaceful persuasion and
argument.
4. Employing violence or
making threats by
picketers may make them
liable for coercion
5. Preventing employee from
joining and registered
labor organization is
 not constitute a more serious
offense in accordance with the
provisions of this Code.
Chapter Three. Discovery and Revelation of Secrets
Crime
DISCOVERING SECRETS
THROUGH SEIZURE OF
CORRESPONDENCE
Art. 290. The penalty of
prisión correccional in its
minimum and medium
periods and a fine not
exceeding one hundred
thousand pesos (₱100,000)
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 one hundred
thousand pesos (₱100,000).
This provision shall not be
applicable to parents,
guardians, or person
entrusted with the custody of
minors with respect to the
papers or letters of the
children or minors placed
under their care or custody,
nor to spouses with respect to
the papers or letters of either
of them.
REVEALING SECRETS
WITH ABUSE OF
OFFICE
Art. 291. The penalty of
arresto mayor and a fine not
exceeding One hundred
thousand pesos (₱100,000)
shall be imposed upon any
manager, employee or
servant who, in such
capacity, shall learn the
secrets of his principal or
master and shall reveal such
secrets.
Elements
1. That the offender is a
private individual or even
a public officer not in the
exercise of his official
functions
2. That he seizes the papers
or letters of another
3. That the purpose is to
discover the secrets of
such another person
4. That offender is informed
of the contents of the
papers or letters seized
Qualifying Circumstance –
when the offender reveals the
contents of such paper or
letters of another to a third
person, the penalty is higher
Exception: Article 290 not
applicable to parents,
guardians, or persons
entrusted with the custody of
minors with respect
to papers or letters of the
children or minors placed
under their care or custody,
or to spouses with respect to
the papers or letters of either
of them
1. That offender is a
manager, employee or
servant
2. That he learns of the
secrets of his principal or
master in such capacity
3. That he reveals such
secrets
punished under the LC
and not under the RPC
Important Points to Remember Penalty
Seize – to place in the control of arresto mayor and a
someone a thing or to give him the fine not exceeding
possession thereof; there must be a ₱100,000 – offender
taking possession of papers shall not reveal
or letters of another, even for a short secrets or contents of
time only the letter
prisión correccional
Distinguished from Public Officer in its minimum and
Revealing Secrets of Private medium periods and a
Individual (Article 230): fine not exceeding
a. Article 230 – public officer comes ₱100,000 – offender
to know secrets by reason of his reveal the secrets or
office contents of the letter
b. Article 290 – private individual
who seizes papers of another to
discover
secrets of latter
Note:
1. The purpose of the offender must
be to discover the secrets of
another
2. The offender must be informed of
contents of papers or letters
3. The law does not require the
offended party be prejudiced; it
does not require that the contents
be made known to a third party
1. Secrets must be learned by reason arresto mayor and a
of their employment fine not exceeding
2. The secrets must be revealed by ₱100,000
the
3. offender
4. If the offender does not reveal the
secrets, the crime is not
committed
5. Damage is not necessary under
this article
 Crime
REVELATION OF
INDUSTRIAL SECRETS
Art. 292. The penalty of
prisión correccional in its
minimum and medium
periods and a fine not
exceeding one hundred
thousand pesos (₱100,000)
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 Important Points to Penalty
Remember
1. That offender is a person 1. Secrets must relate to prisión correccional in its
in charge, employee or manufacturing processes minimum and medium
workman of a invented by or for a periods and a fine not
manufacturing or manufacturer and used exceeding ₱100,000.00
industrial establishment only in his factory or in a
2. That the manufacturing limited number of them;
or industrial otherwise, as when such
establishment has a processes are generally
3. secret of the industry used, they will not be
which the offender has secret.
learned 2. The act constituting the
4. The offender reveals crime is revealing the
such secrets secret of the industry of
5. That prejudice is caused employer to another
to the owner 3. The revelation may be
made after employee has
ceased to be connected
with the establishment
4. Prejudice is an essential
element of the offense