I. Title IX – Crimes Against Personal Liberty and Security

H. Title Nine - Crimes against Personal Liberty and Security (Articles 267-292)

Crimes Against Personal Liberty and Security (Arts. 267-292)

Section 1. Illegal Detention

Article 267. Kidnapping and Serious Illegal Detention

Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty

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Detention

Actual confinement of a person in an enclosure or in any manner detaining and depriving him of his liberty (People v. Flores, GR No. 116488)

Notes:

• For kidnapping to take place, it is not necessary that the victim be placed in an enclosure; neither is it necessary that the detention be prolonged or permanent. The essence of kidnapping is the actual deprivation of the victim's liberty coupled with indubitable proof of the intent of the accused to effect such deprivation. (People v. Obeso,G.R. No. 152285)
• The victim’s lack of consent is also a fundamental element of kidnapping and serious illegal detention. The involuntariness of the seizure and detention is the very essence of the crime. Although the victim may have inceptually consented to go with the offender to a place but the victim is thereafter prevented, with the use of force, from leaving the place where he was brought to with his consent and is detained against his will, the offender is guilty of kidnapping and serious illegal detention. (People v. Pickrell G.R. No. 120409)
• Actual demand for ransom is not necessary.
• When detention is for purpose of extorting ransom, it is not necessary that one or any of the four circumstances enumerated in element (4) are present.
• The elements of kidnapping for ransom were met in this case.
• The accused are private persons,
• The person kidnapped is deprived of liberty,
• That person was taken or detained against his/her will,
• such kidnapping was illegal or unlawful, and
• the kidnapping was done in consideration of a ransom or a payment of release. (People v. Borja, G.R. No. 199710)
• Essential that there be actual confinement or restriction of the person of the offended party
• Detention is illegal when not ordered by competent authority or not permitted by law.
• Detention for more than 3 days not necessary when any of the other circumstances are present
• Special complex crime of kidnapping with murder or homicide – where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought.
• The special complex crime of kidnapping with homicide applies when the kidnapped person is killed in the course of detention; death solely from natural causes does not establish homicide. (People v. Montanir, G.R. No. 187534)
• When murder and not kidnapping –
• When the victim is taken from one place to another solely for the purpose of killing him, the crime committed is murder.
• If the primary and ultimate purpose is to kill, and detention was only incidental.
• Specific intent is determinative of whether the crime committed is murder or kidnapping.
• RA 7055, Sec. 1 provides that if the accused is a member of the AFP and the crime involved is one punished under the RPC, civil courts shall have the authority to hear, try, and decide the case. Exception: courts-martial may assume jurisdiction if, before arraignment, the civil court determines that the offense is "service-connected." (Osorio v. Navera, G.R. No. 223272 (Resolution), February 26, 2018)
• Although the crime of kidnapping can only be committed by a private individual, the fact that the accused is a public official does not automatically preclude the filing of an information for kidnapping against him. A public officer who detains a person for the purpose of extorting ransom cannot be said to be acting in an official capacity. It is not, in fine, in relation to their office, but in purely private capacity. (People v. Borja, G.R. No. 199710)

llegal Detention and Arbitrary Detention, Distinguished

However, if such public officer has no duty to detain a person (e.g. sanitary inspector or clerk) and he detains a person, he is liable for Illegal Detention.

Art. 268. Slight Illegal Detention

Any private individual who shall commit the crimes described in Article 267 without the attendance of any of the circumstances enumerated therein

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Detention by unauthorized public officer

Public officers who are not vested with authority to detain or order the detention of persons accused of a crime or exceed their authority may be liable for illegal (not arbitrary) detention because they are acting in their private capacities.

Elements:

• That the offender Arrests or Detains another person;
• That the purpose of the offender is to deliver him to the proper Authorities; and
• That the arrest or detention is Not authorized by law or there is no reasonable ground therefor.

Notes:

• Offender is any person. Either a public officer or private individual may be liable.
• Public officer either:
• has no authority to arrest or detain a person or
• has not acted in his official capacity
• Arrest/ detention refers to warrantless arrests.

Unlawful Arrest and Arbitrary Detention, Distinguished

X and Y were respectively Barangay Kagawad and Barangay Tanod. Spotting the members of Cooperative Z, X and Y thought a theft was being committed. They further claim that one of the members had a violent outburst, which prompted them to take the members to the police station. The members were subsequently released with the Chief of Police determining that X and Y had no legal basis to make the arrest. X and Y are guilty of unlawful arrest. The act of conducting the apprehended persons to the proper authorities takes the offense out of the crime of illegal detention. (Duropan v. People, G.R. No. 230825)

Section 2. Kidnapping of Minors

Art. 270. Kidnapping and Failure to Return A Minor

The penalty of reclusion temporal shall be imposed upon:

1. Anyone who shall kidnap a child under seven years for the purpose of permanently separating said child from his parents or guardians or the persons charged with his custody.
2. Any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.

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Elements:

Elements of Article 270’s failure-to-return mode:

• That the offender is Entrusted with the custody of a minor person; and
• That he Deliberately fails to restore the said minor to his parents

Separately, Article 270 covers kidnapping a child under seven years of age.

Effect when person arrested is acquitted

Under the conditions set forth in Section 5, Rule 113, particularly paragraph (b) thereof, even if the arrested persons are later found to be innocent and are acquitted, the arresting officers are still not liable. But if they do not strictly comply with the said conditions, the arresting officers can be held liable for the crime of arbitrary detention, for damages and/or for other administrative sanctions. (Umil v Ramos , GR No. 81567)

Elements:

• That the minor is Living in the home of his parents or guardians or the person entrusted with his custody; and
• That the offender Induces the minor to abandon such home

Notes:

• Inducement must be actual, committed with criminal intent, and determined by a will to cause damage.
• The minor should not leave his home of his own free will.
• “To induce” is to influence, to prevail on, to move by persuasion, to incite by motives.
• The minor need not actually abandon his home or the home of the guardian. Mere commission of any act which tends to influence, persuade or prevail on a minor to abandon his home is what constitutes the crime.
• Mitigated if committed by the father or mother of the victim – applies to Arts. 270 and 271

Arbitrary Detention and Kidnapping and Illegal Detention, Distinguished

Notes:

• The purpose must be to enslave the victim; otherwise, it is kidnapping or illegal detention.
• Slavery – providing services without remuneration whatsoever. (De Los Reyes v. Alojado, G.R. No. L-5671, August 24, 1910)

Art. 273. Exploitation of Child Labor

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

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Note:

Indebtedness is not a ground for detention.

Art. 274. Services Rendered Under Compulsion in Payment of Debt

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

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Elements:

• That the offender Compels a debtor to work for him, either as household servant or farm laborer;.
• That it is Against the debtor’s will; and
• That the Purpose is to require or enforce the payment of a debt.

Note:

Debtor-Creditor relationship must exist; otherwise, the crime committed is coercion.

Crime when offender is private individual

If the offender is a private person, the crime is Illegal Detention.

Elements:

• That place is Not inhabited;
• The accused found there a person Wounded or in danger of dying;
• The accused can Render assistance without detriment to himself; and
• The accused Fails to render assistance

“By failing to help or render assistance to another whom the offender has accidentally wounded or injured”

Notes:

• The offender must shoot at another with any firearm without intention of killing him.
• The purpose of the offender may be only to intimidate or frighten the offended party.
• If the firearm is not discharged at a person, the act is not punished under this article.
• A discharge towards the house of the offended party, not knowing in what part of the house the people inside were, is only alarm under Art. 155.
• It is sufficient that the gun was initially aimed at or against the offended party, even if it was not pointed at the offended party when it was fired.
• If there was intent to kill, it may be frustrated or attempted parricide, murder, or homicide.
• Essential to prove that the discharge of firearm was directed precisely against the offended party
• If the illegal discharge inflicts serious or less serious physical injuries to the offended party, there will be a complex crime of illegal discharge of firearm with serious or less serious physical injuries.

Delay in filing necessary information

The felony consists in the delay in filing, in court, the necessary information charging the person detained.

It does not contemplate actual physical delivery.

Is the illegality of detention cured by the delayed filing of the information in court?

No. The filing of the information in court beyond the specified periods does not cure the illegality of detention. Hence, the detaining officer is still liable under Art. 125. Neither does it, however, affect the legality of the continued confinement of the detained persons under process issued by the court.

Section 2. Trespass to Dwelling

Art. 280. Qualified Trespass to Dwelling

Any private individual who enters the dwelling of another against the latter’s will, whether or not the entry was attended by violence or intimidation

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Elements:

• That the offender is a Private person;
• That he Enters the dwelling of another; and
• That such entrance is Against the latter’s will.

Qualifying circumstance: where the offense is committed by means of violence or intimidation

Notes:

• There must be an opposition on the part of the owner of the house to the entry of the accused. Mere absence of his consent or permission is not enough.
• Dwelling: any building or structure exclusively devoted for rest and comfort; depends upon use; may be just a room.
• Prohibition may be express or implied, depending on the circumstances.
• Implied prohibition is present in the following situations: felony is committed late at night when everyone is asleep, or entrance is made through a window
• Prohibition must exist prior to or at the time of entrance.
• Prohibition is not necessary when violence or intimidation is employed by the offender.
• Violence or intimidation may take place immediately after the entrance.
• When there is no overt act of a crime intended to be committed by means of the entry (ex. robbery), the crime is only trespass to dwelling.
• Trespass may be committed even by the owner of the dwelling against the actual occupant thereof.
• If the offender is a public officer, the crime committed is violation of domicile under Art. 128.

Forcible Abduction v. Grave Coercion v. Kidnapping

• Presence of lewd design makes it forcible abduction.
• When there is no lewd design and no deprivation of liberty, it is coercion.
• If there was deprivation of liberty with no lewd design, it is serious illegal detention if a circumstance under Article 267 of the Revised Penal Code is present; otherwise, slight illegal detention under Article 268 may apply.
• If there was violent taking of the woman motivated by lewd design and the victim was raped, the crime committed is forcible abduction with rape instead of kidnapping with rape. Attempt to rape is absorbed in the crime of forcible abduction.

Section 3. Threats and Coercion

Art. 282. Grave Threats

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

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Punishable Acts:

• 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.

Elements:

• 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;
• The Wrong amounts to a crime;
• There is Demand for money or any other condition is imposed, even if not unlawful; and
• The offender Attains his purpose
• By making such threat without the offender attaining his purpose; and
• 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:

• 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;
• The Wrong amounts to a crime; and
• The threat is Not subject to a condition.

Case on Forcible Abduction

The Court has previously ruled that if the victim's consent was obtained through deceit and there was therefore no valid consent, the crime is forcible abduction, as the deceit may be considered as constructive force. The second element, lewd design, was established by the actual rapes. (People v. Caraang, G.R. No. 148424- 27)

Notes:

• An oral threat of harm constituting a crime, made in the heat of anger without persisting in the idea involved in the threat, falls under “Other Light Threats”; a deliberate threat should be assessed under Article 282.
• Grave threats may be committed by indirect challenge to a gun fight, even if complainant was absent when challenge was made. It is sufficient that threats came to knowledge of offended party.
• Threats made in connection with the commission of other crimes are absorbed by the latter.
• The offender in grave threats does not demand the delivery on the spot of the money or other personal property asked by him. Otherwise, that’s robbery by intimidation.
• Essential that there be intimidation: that there’s a promise of some future harm or injury
• Act threatened to be done must be wrong

Art. 283. Light Threats

The wrong threatened does not amount to a crime.

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Elements:

• That the offender Threatens another person with the infliction of a wrong;
• That the wrong does Not constitute a crime;
• That there is a Demand for money or any other condition is imposed, even though not unlawful.

Notes:

• In light threats, the wrong threatened does not amount to a crime.
• Required that there be a demand of money or that other condition be imposed.
• Blackmailing may be punished under this provision.

Art. 284. Bond for Good Behavior

In all cases falling within Articles 282 and 283, 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.

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The person making the threats under the Articles 282 and 283 (grave and light threats) may also be required by the court to give bail conditioned upon the promise not to molest the person threatened.

Punishable Acts:

• By threatening another with a weapon (even if there is no quarrel), or by drawing a weapon in a quarrel, unless it be in lawful self-defense;
• By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in the threat; and
• By orally threatening another with harm not constituting a felony

Notes:

• No demand for money or condition is involved
• Threat is not deliberate
• That which is ordinarily a grave threat may be considered under this article if made in the heat of anger.
• Where threats are directed to a person who is absent and uttered in a temporary fit of anger, the offense is only light threats.

Art. 286. Grave Coercions

Any person who, without any authority of law, shall, by means of violence, threats, or intimidation, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong

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Two ways of committing Grave Coercion

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

Elements:

• That a person
• Prevented another from doing something not prohibited by law, or
• Compelled another to do something against his will, be it right or wrong;
• That the prevention or compulsion is effected by Violence, Threats, or Intimidation; and
• That it is committed Without authority of law or not in the exercise of any lawful right.

Notes:

• If the virgin is under 12 years of age, the crime committed is forcible abduction, even if the girl consented to the elopement.
• The abduction of the victim need not be with some character of permanence.
• The victim need not be taken from her house. It is sufficient that the abductor was instrumental to her escape.
• There can be consented abduction with rape.

Can a person be compelled to change his residence?

Yes. However, only a court, by a final judgment, can order a person to change his residence, while the Chief Executive has the power to deport undesirable aliens.

If a Filipino, after voluntarily leaving the country, is illegally refused re-entry, he is considered a victim of being forced to change his address.

When compelling is not Coercion but is covered by some other provision:

• When a public officer compels a person to change his residence, under Art. 127; and
• When a person kidnaps his debtor to compel him to pay, under Art. 267.

Grave Coercion and Illegal Detention, Distinguished

Elements:

• That the offender is a private person;
• That the conveyance or custody of a prisoner or person under arrest is confided or entrusted to him (that is, he has been given custody);
• That the prisoner or person under arrest escapes; and
• That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence

Note: This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested.

Grave Coercion and Maltreatment of Prisoners, Distinguished

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

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Unjust Vexation (Par. 2)

• Any other coercion or unjust vexation
• Any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person.
• If the elements of light coercion under the 1st paragraph of this article are not established, consider unjust vexation only if its own elements are proved.
• The paramount question is whether the offender’s act unjustly annoyed or vexed the offended party.

Unjust Vexation and Grave Coercion, Distinguished

Art. 288. Other Similar Coercions (Compulsory Purchase of Merchandise and Payment of Wages By Means of Tokens)

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

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.

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Elements:

• That the offender is Any person, agent or officer of any association or corporation;
• That he or such firm or corporation has Employed laborers or employees; and
• 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
• By paying the wages 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

Elements:

• That the offender Pays the wages due a laborer or employee employed by him by means of tokens or objects;
• That those tokens or objects are Other than the legal tender currency of the Philippines; and
• That such employee or laborer does Not expressly request that he be paid by means of tokens or objects

Note: 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.

Art. 289. Formation, Maintenance, and Prohibition of Combination of Capital or Labor through Violence or Threats

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 not constitute a more serious offense in accordance with the provisions of the RPC

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Elements:

• That the offender is a Private individual or even a public officer who is not exercising official functions;
• That he Seizes the papers or letters of another;
• That the Purpose of the seizure is to discover the secrets of such other person; and
• The offender is Informed of the contents of the papers or letters seized

Notes:

• Seize - to place a thing in the control of someone or to give him the possession thereof; it is not necessary that in the act, there be force or violence
• This article is not applicable to parents with respect to their minor children or to spouses with respect to the papers or letters of either of them.
• Contents of the correspondence need not be secret. The purpose of the offender prevails.
• Qualifying circumstance: when the offender reveals the contents of such papers or letters to a third person
• This article does not require that the offended party be prejudiced.

Punishable Acts:

• Using fictitious name; and
• Concealing true name and other personal circumstances.

Required Degree of Force, Intimidation, or Resistance for Liability to Attach Under This Article

General Rule: Direct assault may be complexed with another offense when a single act constitutes both crimes under Article 48; otherwise, determine whether the offenses are separate or one is absorbed.

Exception: If resulting in slight physical injuries, the consequent crime is absorbed.

Art. 156. Delivering a Person from Jail

Any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person

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Elements:

• Person is confined in jail or penal establishment; and
• Offender removes such person therefrom or helps the escape of such person.

Possible offenders

• This crime is usually committed by an outsider.
• It may be committed by an employee, provided that he does not have custody or charge of such a person, or is otherwise off-duty.

REQUISITES:

• The public authority is engaged in the exercise of his functions;
• Such public authority is not the person against whom the crime is committed;
• The offender knows him to be a public authority; and
• His presence has not prevented the offender from committing the criminal act.

A PUBLIC AUTHORITY, sometimes called a person in authority, is a public officer who is directly vested with jurisdiction and has the power to govern and execute the laws.

An AGENT OF A PERSON IN AUTHORITY is any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property.

Teachers or professors of a public or recognized private school and lawyers are not “public authority” within the contemplation of this paragraph. (Campanilla, Criminal Law Reviewer Volume I)