CRIMINAL LAW 2

MODULE NO.2

CRIMES AGAINST LIBERTY

Crimes classified as illegal detention:

1.) Kidnapping and Serious Illegal Detention
2.) Slight Illegal Detention
3.) Unlawful Arrest

Art. 267. Kidnapping and serious illegal detention.

Art. 268. Slight Illegal Detention.

Nota Bene:
 To KIDNAP is to forcibly take a person from he has the right to be (such as his place
of work, residence, rest and recreation, school, street, park or public place) and
bring him to another. The taking is always without the consent of the victim. It is
usually for ransom.
 To DETAIN is to deprive a person of his liberty or restrict his freedom of locomotion
or movement, and may not involve a kidnapping. This includes the following
situation:
a.) Lock up or actual physical deprivation of the personal liberty by confinement in
an enclosure;
1 b.) Immobilizing the victim though he has not been placed in an enclosure.
c.) By placing physical, moral or psychological restraint on his freedom of
locomotion or movement.
 The curtailment of the victim’s liberty need not involve any physical restraint upon the
victim’s persons. If the acts and actuations of the accused produced such fear in the
mind of the victim sufficient to paralyze the latter, to the extent that the victim is
compelled to limit his own actions and movements in accordance with the wishes of
the accused, then the victim is detained against his will. (Aslega vs. People, October
01, 2003, READ IN FULL TEXT)
 The illegality of the detention punished by Art. 267 consists in a detention not
ordered by competent authority or not permitted by law.
 The purpose is IMMATERIAL when any of the circumstances mentioned in 1 st
paragraph of Art. 267 is present.
 If the crime is committed without the attendance of any of the circumstances in par.
267, the felony is only SLIGHT ILLEGAL DETENTION

Persons Liable:
1.) The offender is a private person and not a public officer otherwise the crime would
be Arbitrary Detention, unless the latter has no duty to arrest or order the detention
of another.
2.) One who furnished the place of detention is liable as an accomplice unless he was in
conspiracy with the other accused.

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Circumstances which make the detention SERIOUS:
1.) The kidnapping or detention shall have lasted for more than 3 days;
2.) It is committed by simulating public authority;
3.) If serious physical injuries were inflicted or threats to kill were made;
4.) If the victim is a minor, female or public officer. In case of minors, the kidnappers
should not be the parent.

Kidnapping for RANSOM:

 The penalty is DEATH;
 RANSOM is any consideration, whether is the form of money, articles of value,
services or favors, for the release of a person;
 It need not be given or received, it being sufficient that the demand was made.

Privileged Mitigating Circumstance in Slight Illegal Detention:

1. The offender voluntarily releases the person so kidnapped or detained within 3 days
from the commencement of the detention;
2. The offender releases the person without having attained the purpose intended;
3. The release be made be before the institution of the criminal proceedings.
These three requisites must concur for the SMC to apply.

SPECIAL COMPLEX/COMPOSITE CRIMES

1.) Kidnapping/Serious Illegal Detention with Homicide
 The person killed is the victim of the victim of the kidnapping or illegal
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detention.
 If the person killed is a third person, it is Art. 48 which applies and the crime
is an ordinary complex crime.

2.) Kidnapping/Serious Illegal Detention with Rape

 The victim of rape is the victim of kidnapping and not a third person,
otherwise rape should be treated as a separate offense.
 Includes a situation where several rapes are committed;
 The taking away must not with lewd designs.

KIDNAPPING/ILLEGAL DETENTION as distinguished from other crimes:

COERCION There is no intent to detain or deprive a
person of his liberty.

ABDUCTION (FORCIBLE) Taking away of a woman

against her will or (CONSENTED) artifice
upon a minor girl with lewd design and
which was present at the very moment of
the taking away, as it was the purpose
thereof.

Art. 269. Unlawful Arrest.

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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.

CONCEPT:
It is the crime committed by any person whether PRIVATE PERSON or PUBLIC
OFFICER, who arrests or detains a person without reasonable ground therefore, for the
purpose of delivering him to the proper authorities;

NOTA BENE:
 The public officer is one who has no power to arrest or order the detention of
another, else, it is arbitrary detention;
 The situation is that the arrest is not a valid warrantless arrest but the victim is
brought before the police of prosecutor’s office or court, for he purpose of filing
charges against the victim;
 If the purpose is otherwise, the crime may be detention, or coercion or abduction,
 The term is not illegal arrest.
 The felony may be complexed with incriminatory machination.
E.g. A person placed a knife in the bag of another and then arrests him and brings
him to the police station
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 The motive of the offender is controlling, if his purpose is to deliver him to the
proper judicial authorities, it is still unlawful arrest. But the absence of this motive
may be shown by the length of time the victim is detained.

UNLAWFUL ARREST DELAY IN THE DELIVERY OF

DETAINED PERSON
Detention is not authorized by law Detention is for some lawful ground
Committed by making an arrest not Committed by failing to deliver such
authorized by law. person to the judicial authority within a
certain period of time.

Art. 270. Kidnapping and Failure to Return a Minor

Elements:
1.) That the offender is entrusted with the custody of a minor person (whether over or
under 7 years but less than 21 years of age;
2.) That he deliberately fails to restore the said minor to his parents or guardian

Nota Bene:
 The crime committed by a person who is entrusted with the custody of a minor
person who shall deliberately fail to restore the latter to his parents or guardians.

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 The term “kidnapping” is not accurate since the gist of the offense is the failure to
return the minor to his parents/guardians.
 The accused may be a parent.
E.g. The wife was awarded the custody of the child. The husband was allowed to
bring the child on his house on a Saturday but he should return him the
following day. He failed to do so.
 Note however that Art. 270, is necessarily included in Art. 267 (4), inasmuch as the
essential ingredients of the two (2) felony are the same.

Article 270 Article 267

The offender is entrusted with the custody The offender is NOT entrusted with the
of the minor. custody of the minor.

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.) The offender induces said minor to abandon such home.

Nota Bene:
 Father or mother may commit the crimes of Art. 270 and 271 where they are living
separately and the custody of the minor children is given to one of them. The
penalty, however is mitigated;
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 Inducement must be actual, committed with criminal intent and determined by a
will to cause damage. (People vs. Paalam, CA, 54 O.G. 8267-68, READ IN FULL TEXT)
 The minor need not actually abandon his home or home of guardian. Mere
commission of any act which tends to influence, persuade or prevail on a minor to
abandon his home is what constitutes a crime (People vs. Apolinar, CA, 62 O.G. 9044,
READ IN FULL TEXT)
 The minor should not leave his home of his own free will.
NOTE:
Crimes for Slavery and Servitude and Crimes against Security Articles 275-278
should now be correlated with R.A. No. 7610.

Section Two.-Tresspass to dwelling

Art. 280. Qualified tresspass to dwelling

Art. 281. Other forms of Tresspass

Elements of Qualified Tresspass to Dwelling:

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.

Nota Bene:
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 This connotes that a stranger, actually enters the dwelling of another against the
will of the owner or the lawful occupant, whether express or implied
 Dwelling is a place where a person habitually stays for rest, comfort and peace of
mind.
It includes the basic structure and the dependencies.
It may be owned by the victim or is merely leased by him or he is guest or works
thereat as a stay-in.
The occupant need not be present at the time of the entry.
 The accused is a private person, else, the crime is a violation of domicile.
 The entry is by means of violence or intimidation.
The violence or intimidation may be either immediately before, during, or
immediately after the accused has gained entry.
The violence or intimidation may be against persons or things.
The prohibition may be express or implied, in any form, and made at any time, not
necessarily at the time of entry.
 If there is no violence, it is SIMPLE TRESSPASS. This however includes
SURREPTITIOUS ENTRY.
 The entry may be absorbed as an element of the crime, such as robbery. Thus, the
entry must not be to commit a more serious crime inside the dwelling.
 Unlawful entry may also be an aggravating circumstance in other felony.
 The offense may also be committed by the owner of the dwelling.
 JUSTIFIED TRESSPASS, if the entry is:
a.) To prevent serious harm t himself, to an occupant or to a third person;
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b.) To render some service to humanity or justice;
c.) In case of public houses while they are open.

Elements Other Forms of Tresspass:

1.) That the offender enters the closed premises or the fenced estate of another;
2.) That the entrance is made while either of them is uninhabited;
3.) That the prohibition to enter be manifest;
4.) That the trespasser has not secured the permission of the owner or the caretaker
thereof.

Nota Bene:
 This includes unauthorized entry into commercial establishments and private
offices.

TRESPASS TO DWELLING OTHER FORMS OF TRESSPASS

Offender is a private person Offender is any person

Offender enters a dwelling house. Offender enters closed premises or fenced

estate.
Place is inhabited Place is uninhabited
The act constituting the crime is entering The act constituting the crime is entering
the dwelling against the will of the owner. the closed premises or the fenced estate

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without securing the permission of the
owner or the caretaker thereof.
The prohibition to enter must be express The prohibition to enter must be manifest.
or implied.

Art. 282. Grave Threats.

Art. 283. Light Threats.

Art. 284. Bond for good behavior.

Art. 285. Other Light Threats.

Acts punishable as grave threats:

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.
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In the case of Yebra, G.R. No. L-14348, September 30, 1960, it held that: (READ IN FULL
TEXT)

The letter containing the allegedly libelous remarks is more threatening than libelous
and the intention to threaten is the principal aim and object of the letter. The libelous
remarks contained in the letter, if so they be considered, are merely preparatory remarks
culminating in the final threat. In other words, the libelous remarks express the beat of
passion which engulfs the writer of the letter, which heat of passion in the latter part
culminates into a threat. This is the more important and serious offense committed by the
accused. Under the circumstances, the Court believes, after the study of the whole letter, that
the offense committed therein is clearly and principally that of threats and that the
statements therein derogatory to the person named do not constitute an independent crime
of libel, for which the writer my be prosecuted separately from the threats and which should
be considered as part of the more important offense of threats.

Elements of grave threats where the 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 demand for money or that any other condition is imposed, ecemthough
not unlawful;
4.) That the offender attains his purpose.
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Elements of grave threats not subject to a condition:

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 the threat is not subject to a condition

GRAVE THREATS under Art. 282-the act threatened to be done is a CRIME.

E.g. To Kill, to destroy property, to hurt love ones, to inflict serious harm.
1.) CONDITIONAL-The accused makes a demand so that he will not do what he
threatened. E.g. “I will kill your family if you will not give me 1Million pesos”.
2.) UNCONDITIONAL-There is a declaration to do wrong or harm amounting to a
crime. E.g. Nakakasawa na yang pagmumukha mo, kaya dapat eh patayin na lang
kita”.

NOTE HOWEVER that in the case of US vs. Paguiran, G.R. No. L5348, it held that, (READ
FULL TEXT)

“Threat to kill made in the heat of anger is considered as other light threat although
killing threatened to be committed is a wrong constituting a crime”.

NOTE also that:

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GRAVE THREAT and LIGHT THREAT can be committed orally or in writing.
OTHER LIGHT THREAT of the first form is committed with the use of the weapon.
OTHER LIGHT of the second and third form must be made orally.

GRAVE THREAT can be committed with or without the demand for money or
imposition of a condition.
LIGHT THREAT must be committed with demand for money or imposition of
condition.
OTHER LIGHT THREAT must be committed without demanding money or imposing
a condition.

In GRAVE THREAT and OTHER LIGHT THREAT of the first or second form, the
offender threatens to inflict a wrong constituting a crime.
In LIGHT THREAT or OTHER LIGHT THREAT of the third form, the offender
threatened to inflict a wrong not constituting a crime.

Elements of Light Threats.

1.) That the offender makes a threat to commit a wrong;
2.) That the wrong does not constitute a crime.
3.) That there is 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

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LIGHT THREAT under Art. 283- where the act to be done does not amount to a crime, but
it disturbs another. This may amount to “blackmailing”.
Note however that there is also blackmailing that may fall under the law on “libel”
E.g. “Ibabagsak ko kayo pag hindi niyo ako binigyan ng mataas na rating sa evaluation”.
(Fiscal Mimie speaking).

Acts punished as other light threats:

1.) By threatening another with a weapon, or by drawing such weapon in a quarrel,
unless it be in a lawful self-defense.
2.) 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.
3.) By orally threatening to do another any harm not constituting a felony.

QUESTION:
In there is an INTIMIDATION and THREAT TO INFLICT INJURY is coupled with a
DEMAND FOR MONEY, when it is threat and when is it robbery?

ANSWER:

In THREATS the harm/injury is still to be inflicted in the future.

In ROBERY, the harm is to be inflicted right then and there, or that it is actual and
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immediate.

In THREATS, the harm may be committed upon the person or honor of the victim, or
that to his family, or to his property.
In ROBBERY. The harm to be inflicted does not include the honor of the victim.

In THREATS, the doing of the harm may be communicated through an intermediary

In ROBBERY, the doing of the harm is always communicated directly and personally
to the victim.

In THREATS, gain is not immediate.

In ROBBERY, gain is immediate.

Nota Bene:
 Threats as constituting “blackmailing”- when the doing of a wrong which does not
constitute a crime (light threat) is subject to a demand for money or other valuable
consideration. E.g. “I will report your cheating to Dean Mawis unless you give me an
iphone15”.
 Threats may be made in any form; orally or in writing or by deeds and actions;
personally, or through an intermediary, or via modern facilities of communications.
E.g. texts, messengers, e-mail.

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 Threats are ABSORBED when they are made in connection with other crime, or as
used as the means to commit another crime. E.g. Threat to kill the victims’ family
should the victim report the rape to anyone.
 BOND FOR GOOD BEHAVIOR is the amount of money to be deposited by the accused
charged with threats to ensure that he shall not molest the person threatened. If he
refuses to put up the bond, he shall be sentenced to DESTIERRO. This is separate
and different from the bond which the accused is required to put up in order not to
be detained pending trial.

Art. 286. Grave Coercions.

Art. 287. Light Coercions.

Art. 288 Other similar coercions.

Two Ways of committing grave coercions.

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

Elements of Grave Coercions:

1.) That a person prevented another from doing something not prohibited by law, or
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that 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 and 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.

CONCEPT: A person takes the law into his own hands, and the person is without authority
of law or has no right to act, and by means of violence, threat, or intimidation, such person
either:
a.) Compels another to do something against his will, whether it be right or wrong,
or
b.) Prevents another from doing something not prohibited by law. Note that if the
act prevented is prohibited by law, the accused is not violating but
complementing the law.

NOTA BENE:
 The violence must be ACTUAL and IMMEDIATE. If the violence is a future harm, it is
a threat.
 The purpose of the accused need not be attained. E.g.
Compelling a suspect to make a confession;
Prohibiting the student to leave the classroom as he was not able to answer
recitation;

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Forcing a tenant into leaving the leased premises by padlocking all of its doors;
Stopping the worker from finishing the construction.
 The penalty is HIGHER if the coercion relates to.
1.) The exercise of suffrage, as preventing another from voting;
2.) The coercion is committed to compel another to perform any religious act;
3.) The coercion is committed to prevent another from performing any religious act.
 As distinguished from other crimes:
Robbery Where property is taken without to gain but to prevent the
doing of an act, it is coercion. (E.g. The accused took away the
bolo of another to prevent the latter from cutting the pine
trees).
Threats The harm is direct and immediate in coercion, whereas in
threats, the harm is a future harm
Illegal In coercion, the intention is not to deprive/restrain a person of
Detention his liberty. (E.g. A guest who refuses to vacate his room for
violation of hotel rules even after he was ordered to leave, was
forcibly taken out from the room and guarded in the Office of
the Security Force. He was released only after all his things
were taken out and the room was locked).

In G.R. No. 166315, December 14, 2006, it held that: (READ IN FULL TEXT)

10 It is undisputed that on August 28, 1998, respondents, together with several men with
hammers, ropes, axes, crowbars and other tools arrived at the petitioner’s residence and
ordered them to vacate the building because they were going to demolish it. Petitioners tried
to stop respondents from proceeding with the demolition but their pleas went unheeded.
Intimidated by respondents and their demolition team, petitioners were prevented from
peacefully occupying their residence and were compelled to leave against their will. Thus,
respondent succeeded in implementing the demolition, while petitioners watched helplessly as
their building was torn down. From the facts alleged in the complaint, as well as the evidence
presented in support thereof, there is prima facie showing that respondents did not act under
authority of law or in the exercise of any lawful right.

Elements of Light Coercion:

1.) That the offender is 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.
NOTA BENE:
 As distinguished from other crimes:
Robbery If the purpose is not to apply as payment for the debt, it is
robbery.
Theft If there was no violence employed, but the property was taken
without the knowledge of debtor, it is theft.

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Unjust Vexation If the taking was by deceit or misrepresentation, as when he
creditor says he will just borrow the property but applied it to
the debt, the crime is unjust vexation.
Estafa (by If the creditor pretends there is debt to be paid which why the
means of deceit) thing was given, when the truth is there is no debt, the crime is
estafa.

Acts punished as other SIMILAR COERCIONS.

1.) By forcing or compelling, directly or indirectly, or knowingly permitting the forcing
or compelling of the laborer or employee of the offender to purchase merchandise
or commodities of any kind from him.
2.) By paying the wages due to his laborer or employee by means of tokens or objects
other than the legal currency of the Philippines, unless expressly requested by such
laborer or employee.

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