MODULE: Criminal Law: Book II

Chapter IX
Crimes Against Personal
Liberty and Security

At the end of this chapter the student should be able to:

• Understand the Specific crimes and their elements

• Recognize crimes against personal liberty and
security.

Kidnapping and Serious Illegal Detention (Article 267)

The crime is committed with the concurrence of the following elements:

(1) That the offender is a private individual; (2) That the offender is a private
individual; (3) That the acts of detention or kidnapping is illegal; and (4) That in
the commission of the offense, any of the following circumstances is present: (a)
kidnapping or detention lasts for more than three days; (b) it is committed by
simulating public authority; (c) any serious physical injuries are inflicted upon
the person kidnapped or detained is a minor, female, or a public officer. (People
v. Reyes, 581 SCRA 691)

The primary element of the crime of kidnapping

is actual confinement, detention and restraint of
the victim. (People v. Cruz, Jr., 600 SCRA 449)

The crime is now considered as an act of terrorism under R.A. No. 9372.

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Slight Illegal Detention (Article 268)

The elements of the crime are: (1) That the offender is a private
individual; (2) That he kidnaps or detains another, or in any other manner
deprives him of his liberty; (3) That the act of kidnapping or detention is illegal;
(4) That the crime is committed without the attendance of any of the
circumstances enumerated in Article 267.

Unlawful Arrest (Article 269)

This crime has the following elements: (1) That the offender arrests or
detains another person; (2) That the purpose of the offender is to deliver him to
the proper authorities; (3) That the arrest or detention is not authorized by law
or there is no reasonable ground therefor.

Slavery (Article 272)

The elements are: (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.

Qualified Trespass to Dwelling (Article 280)

Qualified Trespass to Dwelling is penalized under Article 280 of the

Revised Penal Code, the elements of which are: (1) That the offender is a
private person; (2) That he enters the dwelling of another; and (3) That such
entrance is against the latter’s will. (Favor v. Untalan, 594 SCRA 282)

Grave Threats (Article 282)

The acts punished under Article 282 and their respective elements are as
follows:

1. Threatening another with the infliction upon his person, honor or property
or that of his family of any wrong amounting to a crime and demanding

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money or imposing any other condition, even though not unlawful, and the
offender attained his purpose:
a) That the offender threatens another person with the infliction upon
the latter’s person, honor or property, or upon that latter’s family, of
any wrong;
b) That such a wrong amount to a crime;
c) That there is a demand for money or that any other condition is
imposed, even though not lawful;
d) That the offender attains his purpose.
2. Making such threat without the offender attaining his purpose:
a) That the 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;
b) That such a wrong amount to a crime;
c) That there is a demand for money or that any other condition is
imposed, even though not lawful;
d) That the offender does not attain 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:
a) That the 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;
b) That such a wrong amount to a crime;
c) That the threat is not subject to a condition.

Light Threats (Article 283)

The crime of light threats has the following elements: (1) That the
offender makes a threat to commit a wrong; (2) That the wrong does not
constitute a crime; (3) That there is a demand for money or that other condition
is imposed, even though not unlawful; (4) That the offender has attained his
purpose or, that he has not attained his purpose.

Grave Coercion (Article 286)

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The elements are: (1) That a person prevented another from doing
something not prohibited by law, or he compelled him to do something against
his will, be it right or wrong; (2) That the prevention or compulsion be effected
by violence, threats or intimidation; and (3) That 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.

Light Coercion (Article 287)

The elements are: (1) That the offender must be a creditor, (2) That he
seizes anything belonging to his debtor; (3) That the seizure of the thing be
accomplished by means of violence or a display of material force producing
intimidation; (4) That the purpose of the offender is to apply the same to the
payment of the debt.

Unjust Vexation (Article 287, paragraph 2)

“The second paragraph punishes an act that unjustly annoys or vexes or

irritates another person, even if the act is not productive of actual ‘material or
physical harm.’ Thus, if one kisses a girl, holding her tight to her breast but
without performing lascivious acts, he is guilty of unjust vexation.” (Nolledo,
The Revised Penal Code Annotated [2008 Fifteenth Revised Edition], p. 377)

Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

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