Professional Documents
Culture Documents
UNLAWFUL ARREST
The penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed upon any person who, in any case
other than those authorized by law, or without reasonable
ground therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities.
ELEMENTS
1. Offender arrests or detains another person
2. Purpose is to deliver him to the proper authorities
3. The arrest or detention is not authorized by law, or
there is no reasonable ground therefor
Offender is any person, whether public officer or private
individual
A private person may arrest individual without warrant
under same circumstances when public officer can
make arrest (Sec. 6, Rule 113 Revised Criminal
Procedure
o If private person arrests someone + no legal or
reasonable ground + purpose is to deliver person
arrested to proper authorities -> he is liable
Arbitrary Detention (Art.
124)
Unlawful arrests by public
officers: has authority to
arrest and detain person,
but NO legal ground
Illegal Detention
Any other case
Unlawful Arrest
The minor should not leave his home of his own free
will.
o Soledad asked a minor named Belen Cabalfin
if she wanted to go to Manila and promised
that she would find a job and could continue
her studies in Manila. Belen agreed. Belen
was induced to abandon her parental home
because of the aforesaid promise of Soledad
Belo. (People v. Ricarte)
o Note: If the minor would leave his home of his
own free will and would go and live with
another person, the latter is not criminally
liable.
Father or mother may commit crimes under Articles 270
and 271.
o Where father and mother are living separately
and custody of minor is given to one of them,
the other parent who kidnaps such minor from
the one having custody OR induces such
minor to leave his home is liable
SECTION 3. SLAVERY AND SERVITUDE
CRIMES CALLED SLAVERY AND SERVITUDE
1. Slavery (Art. 272)
2. Exploitation of child labor (Art. 273)
3. Services rendered under compulsion in payment of
debt (Art. 274)
ART. 272. SLAVERY
The penalty of prision mayor and a fine of not exceeding
10,000 pesos shall be imposed upon anyone who shall
purchase, sell, kidnap, or detain a human being for the
purpose of enslaving him.
If the crime he committed for the purpose of assigning the
offended party to some immoral traffic, the penalty shall be
imposed in its maximum period.
ELEMENTS
1. Offender purchases, sells, kidnaps or detains a
human being
2. Purpose of offender is to enslave such human being
Qualifying circumstance: if purpose of offender is to
assign offended party to some immoral traffic
(prostitution). Penalty is higher.
Slavery
Purpose is to enslave the
Kidnapping; or Illegal
Detention
Other purpose
victim
ELEMENTS
1. Offender compels a debtor to work for him, either as
household servant or farm laborer
2. It is against the debtors will
3. Purpose is to require or enforce the payment of a
debt
Article 273
Article 274
The minor who is compelled The debtor himself is the
to render services for the
one compelled to work for
supposed debt of his parent the offender
or guardian
Service of minor is not
Only household and farm
limited to household and
work
farm work
CHAPTER 2: CRIMES AGAINST SECURITY
SECTION 1. ABANDONMENT OF HELPLESS PERSONS
AND EXPLOITATION OF MINORS
CRIMES CALLED ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION OF MINORS:
1. Abandonment of persons in danger and
abandonment of ones victim (Art. 275)
2. Abandoning a minor (Art. 276)
3. Abandonment of minor by person entrusted with his
custody; indifference of parents (Art. 277)
4. Exploitation of minors (Art. 278)
ART. 275. ABANDONMENT OF PERSONS IN DANGER
AND ABANDONMENT OF ONES OWN VICTIM
The penalty of arresto mayor shall be imposed upon:
1. Anyone who shall fail to render assistance to any
person whom he shall find 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. Anyone who shall fail to help or render assistance to
another whom he has accidentally wounded or
injured;
minor is liable.
o Someone found a Negrito child in the forest and
brought her to Manila, gave her to another person
since he could not support her. He isnt guilty under
this article, he is not charged with rearing or
education of the minor Negrito. (U.S. v Payog)
o Rear- to bring to maturity by educating, nourishing,
etc; to rear children
Abandonment of minor
by person entrusted
with custody Art. 277
Custody of the offender is
specific-> rearing or
education of the minor
Minor is under 21 years of
age
(Note: age of majority is
now reduced to 18 years
old, R.A. No 6809)
Minor is delivered to a
public institution or other
person
Abandonment of a minor
under Art. 276
The custody of the offender
is stated in general
Minor is under 7 years of
age