Title Nine

Crimes against Personal Liberty and Security

Art. 267 – Kidnapping and serious illegal detention

Elements

1. That the offender is a private individual

2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty
3. That the act of detention or kidnapping must be illegal.
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping or detention lasts for more than three 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.

Note: If the offender is a public officer, the crime is arbitrary detention.

Exception: The public officer must have a duty under the law to detain a person, such as a policeman or
constabulary soldier. If he has no such duty and he detains a person, he is liable for serious illegal
detention.

The offender MUST BE A PRIVATE INDIVIDUAL

N.B. Intention to deprive the victim of his liberty for purposes of extorting ransom on the part of the
accused is ESSENTIAL in the crime of kidnapping.

Detention or locking up of victim is ESSENTIAL in the crime of Illegal detention

The essential element or act which makes the offense of kidnapping is the deprivation of an offended
party’s liberty under any of the four instances enumerated in par 1.

While Illegal detention of the victim for more than 3 days being one of the instances.

However, if the kidnapping or detention was committed for the purpose of extorting ransom, it is not
necessary that one or any of such circumstances be present.

Note: Where the victim is taken from one place to another solely for the purpose of killing him, the
crime committed is murder.
Art. 268 – Slight Illegal Detention

Elements

1. The 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
Art. 267

Note: If the offender voluntarily releases the person so kidnapped or detained within 3 days from the
commencement of the detention without having attained the purpose intended, and before the
institution of criminal proceedings against him, his liability is mitigated.

Art. 269 – Unlawful arrest

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.

Note: The offender here is whether a public officer or a private individual

Unlawful arrests by public officers should be punished as arbitrary detention under Art. 124, if the public
officer has the authority to arrest and detain a person, but the arrest is without legal ground.

However, if the public officer has no authority to arrest and detain a person, or if he did not act in his
official capacity, he should be punished for unlawful arrest under Article 269.

Section 2 – Kidnapping of minors

Art. 270 – Kidnapping and failure to return a minor

Elements

1. That the offender is entrusted with the custody of a minor person

2. That he deliberately fails to restore the said minor to his parents or guardians
 Note: What is punished is the deliberate failure of the custodian of the minor to restore the latter to
his parents or guardian.

Art. 271 – Inducing a minor to abandon his home

Elements

1. That the minor is living in the home of his parents or guardian or the person entrusted with his
custody
2. That the offender induces said minor to abandon such home

Note: The inducement must be actual, committed with criminal intent, and determined by a will to
cause damage.

What constitute the crime is the act of inducing a minor to abandon his home or the home of his
guardian and it is not necessary that the minor actually abandons the home.

Section 3 – Slavery and servitude

Art. 272 – Slavery

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

Art. 273 - Exploitation of child labor

Elements

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
 Chapter 2

Crimes against Security

Art. 275 – Abandonment of persons in danger and abandonment of one’s own victim

Acts punishable

1. By failing to render assistance to any person whom the 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.
2. By failing to help or render assistance to another whom the offender has accidentally wounded
or injured
3. By failing to deliver a child, under seven 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.

Art. 276 – Abandoning a minor

Elements

1. That the offender has the custody of a child

2. That the child is under seven years of age
3. That he abandons such child
4. That he has no intent to kill the child when the latter is abandoned

Note: When there is intent to kill, the article does not apply.

The intent to kill is presumed from the death of the victim of the crime is applicable only to crimes
against persons, and not to crimes against security, particularly the crime of abandoning a minor under
Art. 276

Section 2 – Trespass to dwelling

Art. 280 – Qualified trespass to dwelling

Elements

1. That the offender is a private person

2. That he enters the dwelling of another
 3. That such entrance is against the latter’s will.
Qualifying circumstances: If the offense is committed by means of violence or intimidation.

Note: If the offender is a public officer or employee, the entrance into the dwelling against the
will of the occupant is violation of domicile.

To commit trespass, the entrance by the accused should be against the presumed or express
prohibition

There is an implied prohibition when entrance is made through means not intended for ingress.

Section 3 – Threats and Coercion

Art. 282 – Grave threats

Punishable acts

1. By threatening another with the infliction upon his person, honor or property or that of his
family of any wrong amounting to a crime and demanding money or imposing any other
condition, even though not unlawful, and the offender attained his purpose.
2. By making such threat without the offender attaining his purpose
3. By threatening another with the infliction upon his person, honor, or property or that of his
family of any wrong amounting to a crime, the threat not being subject to a condition.

Elements of grave threats where offender attained his purpose:

1. 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.
2. That such wrong amounts to a crime
3. That there is a demand for money or that any other condition is imposed, even though not
unlawful
4. That the offender attains his purpose

Note: If the offender attained his purpose, the penalty one degree lower of the penalty for the crime
threatened to be committed shall be imposed.

If the offender does not attain his purpose, the penalty is two degrees lower than that provided
by law for the crime threatened to be committed.
The threats of the third forms are those made with the deliberate purpose of creating in the mind of the
person threatened the belief that the threats will be carried into effect.

In the crime of threats, it is essential that there be intimidation

The crime of grave threats is consummated as soon as the threats come to the knowledge of the person
threatened.

If there is another crime actually committed or the objective of the offender is another crime, and the
threat is only a means to commit it or a mere incident in its commission, the threat is absorbed by the
other crime.

But if the threat was made with the deliberate purpose of creating in the mind of the person
threatened, the belief that the threat would be carried into effect, the crime committed is grave threats,
and the minor crime which is accompanied it should be disregarded.

The offender in grave threats does not demand the delivery on the spot of the money or other personal
property asked by him, if the offender does demand the delivery on the spot of the money, then the
crime is robbery with intimidation.

Art. 283 – Light threats

A threat to commit a wrong not constituting a crime

Elements

1. That the offender makes a threat

2. That such wrong does not constitute a crime
3. That there is a demand for money or that any other condition is imposed, even though not
unlawful
4. That the offender attains his purpose or he has not attained his purpose

For Article 283 to apply, it requires that there be demand for money or that other condition be imposed.

Light threats may amount to blackmailing

Art. 285 – Other light threats

Punishable acts
 1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in
lawful self-defense
Two acts punished:
A. Threatening another with 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.

Note: For this article to apply, there must not be demand for money, or that there is no
condition imposed when the offender threatens another with a weapon

Other light threats can be committed even if the person to whom it is directed is absent

Art. 286 – Grave coercions

Two ways of committing grave coercions

1. By preventing another, by means of violence, threats or intimidation, from doing something not
prohibited by law.
2. By compelling another, by means of violence, threats or intimidation, to do something against
his will, whether it be right or wrong.

Elements

1. That a person is prevented by another from doing something not prohibited by law, or
compelled to do something against his or her will, be it right or wrong.
2. That the prevention or compulsion is effected by violence, either by material force or such a
display of it as would produce intimidation and consequently, control over the will of the
offended party.
3. That the person who restrains the will and liberty of another has no right to do so.

Note: What is prevented must not be prohibited by law.

In grave coercion, the act of preventing by force must be made at the time the offended party was doing
or about to do the act to be prevented. If the act was already done when violence is exerted, the crime
is unjust vexation.

When the complainant is in the actual possession of a thing, even if he has no right to that possession,
compelling him by means of violence to give up the possession, even by the owner himself, is grave
coercion.
The force or violence must be immediate, actual or imminent.

Art. 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.

Elements

1. That the offended 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.

Taking possession of the thing belonging to the debtor, through deceit and misrepresentation, for the
purpose of applying the same to the payment of the debt, is unjust vexation

Unjust vexation – includes any human conduct which, although not productive of some physical or
material harm would, however, unjustly annoy or vex an innocent person.

The paramount question to be considered, in determining whether the crime of unjust vexation is
committed, is whether the offender’s act cause annoyance, irritation, vexation, torment, distress or
disturbance to the mind of the person to whom it is directed.

There is no violence or intimidation in unjust vexation.

TITLE 10

Crimes against Property

Chapter 1

Robbery in General

Art. 293 – Who are guilty of robbery

Classification of robbery

1. Robbery with violence against, or intimidation of persons

2. Robbery by the use of force upon things

Elements of robbery in general

1. That there be personal property belonging to another

2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation of any person, or force upon things

Note: The property taken must be personal property, for if real property is occupied or real right is
usurped by means of violence against or intimidation of person, the crime is usurpation.

Unlawful taking, when complete

1. As to robbery with violence against or intimidation of persons

The taking is complete from the moment the offender gains possession of the thing, even if the
culprit has had no opportunity to dispose the same
2. As to robbery with force upon things

The rule is that robbery is consummated after the accused had taken material possession of the thing
with intent to appropriate the same, although his act of making use of the thing was frustrated.

There must be intent to gain.

Absence of intent to gain will make the taking of personal property grave coercion if there is violence

IF there is no violence or intimidation, or force upon things but there is unlawful taking, then the crime
is theft.

Exception:

When the violence results in (1) homicide, rape, intentional mutilation, or any of the serious physical
injuries, the taking of personal property robbery complexed with any of those crimes under Art. 294,
even if the taking was already complete when the violence was used by the offender.
 Section One – Robbery with violence against or intimidation of persons

Art. 294 – Robbery with violence against or intimidation of persons

Robbery with homicide

Here, the killing have by reason or on the occasion of robbery.

The killing may occur before, during or after the robbery. And it is immaterial that death would
supervene by mere accident, or that the victim of homicide is other than the victim of robbery, or that
two or more persons are killed.

Robbery with homicide need not be committed inside a building. Thus, the culprit who killed the victim
on the street to get, as in fact they got, the latter’s personal belongings are guilty of robber with
homicide.

If the idea of taking the personal property of another with intent to gain came to the mind of the
offender after he killed the victim, he is guilty of two separate crimes of homicide or murder, as the case
may be and theft

When homicide is committed by reason or on the occasion of robbery, all those who took part as
principals in the robbery would be held liable as principals of the single and indivisible felony of robbery
with homicide although they did not actually take part in the killing, unless it clearly appears that they
endeavoured to prevent the same.

ROBBERY WITH RAPE

Here, the offender must have the intent to take the personal property belonging to another with intent
to gain, and such intent must precede the rape

This is usually committed when, while some robbers are ransacking for personal property in the house,
the other is raping a woman in the same house.

Even if the rape was committed in another place, it is still robbery with rape

Note: But if the rape is committed against a woman in a house other than that where the robbery is
committed, the rape should be considered a separate offense.

It is immaterial if there are additional rapes

ROBBERY WITH UNNECESSARY VIOLENCE AND INTIMIDATION

The violence need not result in serious physical injuries. All that the first clause requires that the
violence be unnecessary for the commission of the robbery.

SIMPLE ROBBERY

The robbery is simple robbery because the use of violence against any person does not result in
homicide, rape, intentional mutilation, or any of the serious physical injuries.

There is violence, even if the physical force employed by the offender merely consists in his pushing the
victim.

Art. 295 – Robbery with physical injuries, committed in an uninhabited place and by a band, or with the
use of firearm on a street, road or alley

When is robbery with violence against or intimidation of persons qualified?

If any of the offenses defined in the subdivisions 3, 4, 5 of Article 294 is committed –

1. In an uninhabited place
2. By a band
3. By attacking a moving train, streetcar, motor vehicle or airship
4. By entering the passengers’ compartments in a train, or in any manner taking the passengers
thereof by surprise in the respective conveyances
5. On a street, road, highway, or alley, and the intimidation is made with the use of firearms

Article does not apply to robbery with homicide, or robbery with rape, or robbery with serious physical
injuries

Art. 297 – Attempted and frustrated robbery committed under certain circumstances

There is only one crime of attempted robbery with homicide even if slight physical injuries were inflicted
on other persons on the occasion or by reason of the robbery.

SECTION TWO
 Robbery by the use of force upon things

One essential requisite of robbery with force upon things is that the malefactor should enter the
building or dependency where the object to be taken is found.

Art. 299 – Robbery in an inhabited house or public building or edifice devoted to worship

What inhabited house includes.

Inhabited house is any shelter, ship or vessel constituting the dwelling of one or more persons even
though the inhabitants thereof are temporarily absent therefrom when the robbery is committed.

The whole body of culprit must be inside the building to constitute entering.

CHAPTER TWO

BRIGANDAGE

Brigandage is a crime committed by more than three armed persons who form a band of robbers for the
purpose of committing robbery in the highway or kidnapping persons for the purpose of extortion or to
obtain ransom, or for any other purpose to be attained by means of force and violence.

Art. 306 – Who are brigands

There is brigandage when –

1. There be at least four armed persons

2. They formed a band of robbers
3. The purpose is any of the following:
A. To commit robbery in the highway
B. To kidnap persons for the purpose of extortion or to obtain ransom
C. To attain by means of force and violence any other purpose.

Art. 308 – Who are liable for theft

Theft is committed by any person who, with intent to gain but without violence against, or intimidation
of persons nor force upon things, shall take personal property of another without the latter’s consent.
Theft is produced when there is deprivation of personal property due to its taking by one with intent to
gain. To freely dispose of the property of the property stolen is immaterial since the deprivation from
the owner alone has already ensued from such acts of execution.

There is taking even if the offender received the thing from the offended property

If there is no taking of personal property, the crime of theft is not committed.

For robbery to exist, it is necessary that there should be a taking against the will of the owner, and for
theft, it sufficed that consent on the part of the owner is lacking.

Art. 310 – Qualified Theft

Theft is committed

1. If the theft is committed by a domestic servant

2. If the theft is committed with grave abuse of confidence
3. If the property stolen is a motor vehicle, mail matter or large cattle
4. If the property stolen consists of coconuts taken from the premises of a plantation
5. If the property stolen is fish taken from a fishpond or fishery
6. If the property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance.

Simple theft, not qualified theft when there was no confidence reposed on the accused.

CHAPTER FOUR

USURPATION

Art. 312 – Occupation of real property or usurpation of real rights in property

Acts punishable

1. By taking possession of any real property belonging to another by means of violence against or
intimidation of person
2. By usurping any real rights in property belonging to another by means of violence against or
intimidation of persons.
Art. 315 – Swindling (Estafa)

Three classification of Estafa

1. With unfaithfulness or abuse of confidence

2. By means of false pretenses or fraudulent acts
3. Through fraudulent means

Deceit with intent to defraud is not an essential requisite in cases wherein the money or other
personal property has been voluntarily entrusted to the offender

ESTAFA WITH UNFAITHFULNESS

How committed: By altering the substance, quantity, or quality of anything of value which the offender
shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or
illegal consideration

There must be an existing obligation to deliver.

The obligation must be onerous

When there is no agreement as to the quality of the thing to be delivered, the delivery of the thing not
acceptable to the complainant is not estafa

Estafa with Abuse of confidence (Subdivision No. 1, par B)

How committed: By misappropriating or converting to the prejudice of another, money, goods, or any
other personal property received by the offender in trust or on commission, or for administration, or
under delivery of or to return the same, even though such obligation be totally or partially guaranteed
by a bond, or by denying having received such money, goods or other property.

Money, goods or other personal property must be received by the offender

A person receiving money from another and failing to return it does not commit the crime of estafa
unless it is clearly demonstrated that he received it “for safekeeping, or on commission, or for
administration; or under any other circumstances giving rise to the obligation to make delivery of or to
return the same.
Three ways of committing estafa with abuse of confidence

1. By misappropriating the thing received

2. By converting the thing received
3. By denying that the thing was received

A person who misappropriated the thing which he had received from the offended party may be
guilty of theft, not estafa, if he acquired only the material or physical possession of the thing.

In theft, upon the delivery of the thing to the offender, the owner expects and immediate return of
the thing to him. Failure to return it would constitute theft.

When the owner does not expect the immediate return of the thing he delivered to the accused, the
misappropriation of the same is estafa.

ESTAFA VS. MALVERSATION

1. In both crimes, the offenders are entrusted with funds or property

2. Both are continuing offenses.
3. But while in estafa, the funds or property are always private; in malversation, they are usually
public funds or property
4. In estafa, the offender is a private individual or even a public officer who is not accountable for
public funds or property; in malversation, the offender who is usually a public officer is
accountable for public funds or property

ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE OF THE OFFENDED PARTY IN BLANK

The paper with the signature in blank must be delivered by the offended party to the offender.