CRIMES AGAINST LIBERTY AND PERSONAL SECURITY

1. Art 267 RPC

Kidnapping and Serious Illegal Detention; elements:
a. That the offender is a private individual;
b. That he kidnaps or detains another, or in any manner deprives the latter
of his liberty;
c. That the act of detention or kidnapping must be ILLEGAL;
d. That in the commission of the offense, any of the following
circumstances is present:
i. That the kidnapping or detention lasts for more than 3 days;
ii. That it is committed simulating public authority;
iii. That any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
iv. That the person kidnapped or detained is a MINOR, FEMALE, or
a PUBLIC OFFICER.
Note: This article requires that the offender is a PRIVATE
INDIVIDUAL, because when the offender is a public officer, it will be
Arbitrary Detention. But the public officer must have a duty under the
law to detain a person. If he has no authority or duty like a sanitary
inspector or a clerk in the government, and he detains a person, he is
liable under this article.
Ex: Marlo is the Municipal Engineer of X municipality. Being a suitor of
Marla, all of Mario’s pleas to marry with him was denied. Heartened, he
dragged Marla into his car and drives her away to a deserted place where
she was being detained. What crime did Marlo commit? Answer:
Kidnapping and Serious Illegal Detention. The detention of Marla is
illegal and marlo is not clothed with the authority to detain a person
being a municipal employee.
2. Art 268 RPC
Slight Illegal Detention; elements:
a. The offender is a private individual;
b. He kidnaps or detains another, or in any manner deprives him of his
liberty;
c. The act of kidnapping or detention is illegal;
d. The crime is committed without the attendance of any of the
circumstances enumerated under Art 267 of the RPC.

3. Art 269 RPC

Unlawful Arrest; elements:
a. The offender arrests or detains another person;
b. The purpose of the offender is to DELIVER him to the proper authorities;
c. The arrest or detention is NOT AUTHORIZED by law or there is no
reasonable ground therefor.
Note: If the private person makes an arrest without reasonable ground
because it is not in accordance with Sec 6 Rule 113 of the Criminal
Procedure and the purpose is to deliver the person arrested to the proper
authorities, he is liable under this article.
 Example: A is not a law enforcer. He arrested B while the latter was not
committing a felony. He brought B to a police station where he was
detained. What crime did A commit? Answer: He is liable under this
article.

Note: 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.
Example: A is a municipal employee. He arrest B and detained the latter
in the police station. A is liable of unlawful arrest. A has no authority to
detain a person because he is not clothed with the authority to arrest a
person like a police officer.

Note: if the public officer has the AUTHORITY to arrest and detain a
person without reasonable ground, he is liable for Arbitrary Detention.

4. Art 270 RPC

Kidnapping and failure to return a minor; elements:
a. The offender is entrusted with the custody of a minor person(less than 18
years of age); and
b. He deliberately fails to restore the said minor to his parents or guardians.

Note: Under Art 267, the kidnapping of a minor is also punished. While
under Art 270, the offender is entrusted with the custody of the minor, in
Art 267, the offender is not entrusted with the custody of the victim.

5. Art 271 RPC

Inducing a minor to abandon his home, elements:
a. That the minor is living in the home of his parents or guardian or the
person entrusted with his custody; and
b. That the offender induces said minor to abandon such home.

CRIMES AGAINST SECURITY

1. Abandonment of persons in danger and abandonment of one’s own
victim, elements:
Acts punishable under this article:
i. 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.
a. The place is not inhabited;
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

ii. By failing to help or render assistance to another whom the

offender has accidentally wounded or injured
 iii. By failing to deliver a child under seven years of age who the
offender has found abandoned, to the authorities or to his family or
failing to take him to a safe location.

2. Art 276 RPC

Abandoning a minor, elements:
a. The offender has the custody of a child;
b. That the child is under seven years of age;
c. That he abandons such child; and
d. That he has no intent to kill the child when the latter is abandoned.

3. Art 280 RPC

Trespass to Dwelling, elements:
a. The offender is a PRIVATE PERSON;
b. That he enters the dwelling of another; and
c. Such entrance is against the latter’s will.
Circumstances qualifying the offense: if the offense is committed by
means of violence or intimidation. The penalty is higher.

4. Art 281 RPC

Other forms of trespass, elements:
a. The offender enters the closed premises or the fenced estate of
another;
b. The entrance is made while either of them is uninhabited;
c. The prohibition to enter be manifest; and
d. The trespasser has not secured the permission of the owner or the
caretaker thereof.

Ex: Mario is the owner of a ranch. It is fenced with barb wire and is
watched by Peter. Jay enters the ranch without asking for a permission
to enter. Jay violates this article.

5. Art 282 RPC

Grave Threats, elements:
Acts punishable:
i. 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.
ii. By making such threat without the offender attaining his purpose
iii. By threatening another with the infliction upon his person, honor
or property of that of his family of any wrong amounting to a
crime, the threats not being subject to a condition.
Elements of grave threats where the offender attained his purpose:
a. 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 wrong amounts to a crime;
c. There is a demand for money or that any other condition is imposed even
though not unlawful;and
d. The offender attains his purpose.

Example 1: A sent a letter to B in which A said that unless B would send

to him P10,000, A would kill B. B sent P10,000 to A. The threat to kill B
involves a crime against the person of B, which is Homicide.

Example 2: A sent C to B to tell, as in fact he told, the latter that if he

would not sent P10,000, A would burn B’s house. B sent the money to A.
The threat to burn the house of B involves a crime against his property,
which is Arson.

Example 3: A told B that unless the latter would give him P10,000, he
would place inside his house a shabu and then he would report the matter
to the police. B sent P10,000 to A. The threat involves the crime of
incriminating an innocent person.

“imposing any other condition, even though not unlawful”

Example: A seduced B’s daughter. Because A refused to marry her, B
threatened A with death, unless A would marry his daughter. Is B liable
for grave threat?
Yes. B threatened A with the infliction upon his person of a wrong
amounting to a crime(Homicide), imposing a condition(unless A would
marry his daughter).

Elements of Grave Threats not subject to 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 wrong amounts to a crime
c. That the threat is NOT subject to a condition.

6. Art 283 RPC

Light Threats, elements:
a. The offender makes a threat to commit a wrong;
b. The wrong does not constitute a crime;
c. There is a demand for money or that other conditions is imposed, even
though not unlawful; and
d. The offender has attained his purpose or that he has not attained his
purpose.

Note: Light Threats are committed in the same manner as Grave

Threats except that the act threatened to be committed should not be
a crime.

Example: A threatens B with accusation or exposure, if B does not

give P1,000 to be deposited at an indicated place. Here, the offender
 threatens to accuse or expose B which does not constitute a crime and
there is a demand for money.

7. Art 285 RPC

Other Light Threats; elements:
Acts punished as other light threats:
i. By threatening another with a weapon, or by drawing such weapon
in a quarrel, unless it be in lawful self-defense.
ii. By orally threatening another, in the heat of anger, with some harm
not constituting a crime, without persisting in the idea involved in
his threat.
iii. By orally threatening to do another any harm not constituting a
felony.
Example: X and Y are playing one on one in a basketball court. Because
of tight defense of X, Y was irritated, picked up with a fist size stone and
threatens to punch him if X does not play in a friendly manner.
Example: A and B are neighbors. A slapped B’s son. B intervened. B
went home and got hold of his long bolo and returned to attack A but A
was able to hide inside of his house. Later, B called at the house of the
mother of A and implored pardon alleging that the threat was uttered
without premeditation.

8. Art 286 RPC

Grave Coercion; elements:
Two ways of committing grave coercions:
i. By preventing another, by means of violence, threats or
intimidation, from doing something not prohibited by law; and
ii. By compelling another, by means of violence, threats or
intimidations, to do something against his will, whether it be right
or wrong.
Note: 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.
Example: While X is cultivating his own agricultural land, Y appears from
behind and tells to X that if he did not stop on what he is doing, there is
something wrong happens.
Example: A commanded his private armed groups to intimidate those
squatting on his private land to immediately vacate the land.

9. Art 287 RPC

Light Coercion; elements:
a. The offender must be a creditor;
b. He seizes anything belonging to his debtor;
c. The seizure of the thing be accomplished by means of violence or a
display of material force producing intimidation; and
d. The purpose of the offender is to apply the same to the payment of the
debt.
Example: X demanded payment from Y to pay the latter’s debt but he
has no money with which to pay. X, together with his armed men,
took Y’s palay inside of his warehouse even against the will of Y.

UNJUST VEXATION- other light coercion

It includes any human conduct which, although not productive of
some physical or material harm would, however, unjustly annoy or
vex an innocent person.
Example: An old man while walking upstairs going to the MRT,
massaged the buttock of a young lady prompting her to shout and
asked for help. An old man is guilty of Unjust Vexation because it
annoys the lady within the public. The act of the old man does not
constitute acts of lasciviousness since there is no showing of lewdness
when he touched the buttock of the young lady.