KIDNAPPING & FAILURE TO RETURN A MINOR

Elements: (EF)
1. That the offender is entrusted with the custody of a minor person (less than 18 years old);
this is the essential element
2. That he deliberately fails to restore the said minor to his parents or guardian;

*This may also be committed by the mother or father of the child. When committed by either parent,
penalty is only arresto mayor.
*Kidnapping and failure to return a minor (Art. 270) is necessarily included in Kidnapping and Serious
Illegal Detention of Minor (Par. 4 of Art. 267), but what differentiates them are the following:

Kidnapping and Serious Illegal Detention of
Minors
Offender is not entrusted with the custody of the
victim.
What is punished is the Illegal detaining or
kidnapping of the minor.
Kidnapping and Failure to Return a Minor
Offender is entrusted with the custody of the
minor
What is punished is the deliberate failure of the
offender having the custody of the minor to restore
him to his parents or guardian
ARTICLE 266-A THE ANTI-RAPE LAW (RA 8353)
Classification of Rape
1. Traditional Rape under Art. 335 carnal knowledge of a woman against her will; in this case, the
offender is always a man and the offended party is always a woman.
2. Sexual Assault under R.A. 8353 this is committed when the offender inserts his penis to another
persons mouth or anal orifice or by inserting an instrument or object into the genital or anal orifice
of another person. The offender and the offended party can either be a man or a woman in the case
of the insertion of any instrument or object.

How rape is committed:

1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machinations or grave abuse of authority;
d. When the offended party is under 12 years of age or is demented, even though none of the
circumstances mentioned above be present.
Elements:
a. That the offender is a man;
b. That the offender had carnal knowledge of a woman; and
c. That such act is accomplished under any of the following circumstances:
By using force, threat or intimidation; or
When the woman is deprived of reason or otherwise unconscious; or
By means of fraudulent machination or grave abuse of authority; or
When the woman is under 12 years of age or demented.

*The offender must not have known that the victim is demented, otherwise qualified rape is
committed.
*Circumstance (iv) does not only pertain to chronological age but also to mental age.

2. By any person who, under any of the circumstances mentioned in paragraph 1, shall commit an act
of sexual assault by inserting his penis into another persons mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person.
 Elements:
a. That the offender commits an act of sexual assault;
b. That the act of sexual assault is committed by any of the following means:
i. By inserting his penis into another persons mouth or anal orifice; or
ii. By inserting any instrument or object into the genital or anal orifice of another person.
c. That the act of sexual assault is accomplished under any of the circumstances enumerated
under the first act of committing rape.

*Under R.A. 8353, the crime of rape can now be committed by a male or a female.

*To be CONSUMMATED, it is not essential that there be a complete penetration of the female organ,
neither is it essential that there be a rupture of the hymen.
*However, there must be sufficient and convincing proof that the penis indeed touched the labias or slid
into the female organ, and not merely stroked the external surface thereof, for the accused to be
convicted of consummated rape. Absent of any showing of the slightest penetration of the female organ,
it can only be attempted rape, if not acts of lasciviousness.
*For a charge for rape by sexual assault with the use of ones fingers or any other object to be
consummated, there should be evidence of at least the slightest penetration of the sexual organ and not
merely a brush or graze of its surface.
*There is NO crime of FRUSTRATED RAPE. The slightest penetration or mere touching of the genitals
consummates the crime of rape.
*There is ATTEMPTED RAPE when there is no penetration of the female organ because not all the acts of
execution were performed. However, there must be an intention to have carnal knowledge of the woman
against her will.
*Acknowledgment of the consummated act is not considered giving of consent.
*In Statutory Rape (under 12 years of age), the offenders knowledge of the victims age is IMMATERIAL.
*When the girl is under 12 years of age, rape is committed although she consented to the sexual act or
even if the girl is a prostitute. The law does not consider that kind of consent as voluntary, as the
offended party under 12 years of age cannot have a will of her own.
*If the offended woman is below 12 years of age, it is always rape. Her mental, and not only the
chronological age is considered. Thus, it is still rape if the woman is 13 years old with a mental capacity
of a 5 year old. Furthermore, the amendatory law has added the more glaring and unfortunate situation
of a demented girl.
Example: 31 year old mental retardate with the mental capacity of a 5-year-old.
*Force employed against the victim of rape need not be of such character as could not be resisted. It is
enough that the force used is sufficient to consummate the culprits purpose of copulating with the
victim.
*The test is whether the threat or intimidation produces a reasonable fear in the mind of victim that if she
resists or does not yield to the desires of thee accused, the threat would be carried out.
*If the woman contributed in some way to the consummation of the act, this may constitute an offense
other than rape.

Intimidation
Includes the moral kind; Intimidation must be viewed in light of the victims perception and judgment
at the time of rape and not by any hard and fast rule.

*Having sex with a deaf-mute is not rape in the absence of proof that she is imbecile.
*There is NO crime of rape if liquor or drug is used to induce the victims consent so as to incite her
passion and it did not deprive her of her will power.
*Moral ascendancy or influence exercised by the accused over the victim substitutes for the element of
physical force or intimidation in cases of rape.

Rape Shield Rule

Character of the woman is immaterial in rape. It is no defense that the woman is of unchaste
character, provided the illicit relations were committed with force and violence, etc.

*Rape may be committed using the fingers under the second act, but the instrument or object other
than the penis must be inserted into the genital or anal orifice of another person.
ARTICLE 266-B QUALIFIED RAPE
Rape under both acts of committing it is qualified by the following:
1. When rape is committed with the use of a deadly weapon or by two or more persons;
2. When by reason or occasion of rape, the victim has become insane;
3. When the rape is attempted & a homicide is committed by reason of or on the occasion of rape
(special complex crime);
4. When by reason of or on occasion of rape, homicide is committed (special complex crime);
5. When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common law
spouse of the parent of the victim;
*The statement that the victim is the minor daughter of the offender is not enough. It is essential
that the information must state the exact age of the victim at the time of the commission of the
crime.
*The relationship of stepdaughter and stepfather presupposes a legitimate relationship between
the victims mother and the offender, i.e., they were married after the marriage of the victims
mother to her father was dissolved.
*When the victim is under the custody of the police or military authorities or any law enforcement
or penal institution;
6. When the rape is committed in full view of the spouse, parent, or any of the children or other
relatives within the third civil degree of consanguinity;
7. When the victim is a religious engaged in legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime;
8. When the victim is a child below 7 years old;
9. When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted to the victim;
10. When committed by any member of the AFP or paramilitary units thereof of the PNP or any law
enforcement agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime;
11. When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability;
12. When the offender knew of the pregnancy of the offended party at the time of the commission of
the crime;
13. When the offender knew of the mental disability, emotional disorder and/or physical disability of
the offended party at the time of the commission of the crime.

*Rape with homicide is a special complex crime, but when homicide is committed NOT by reason or on
the occasion of rape, there is no special complex crime of rape with homicide.
ARTICLE 266-C EFFECT OF PARDON
Effects of pardon:
1. The subsequent valid marriage between the offender and the offended party shall extinguish:
a. The criminal action or
b. The penalty already imposed.
2. The subsequent forgiveness of the wife to the legal husband shall extinguish the criminal action
or the penalty, PROVIDED that the crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio. This is an exception to the rule that forgiveness by the
offended party shall not extinguish the penal action in crimes against persons.

*Since rape is now a crime against persons, marriage extinguishes the penal action only as to the
principal, i.e. the husband, but not as to the accomplices and accessories.
*The principle does not apply where MULTIPLE RAPE was committed because while marriage with one
defendant extinguishes the criminal liability, its benefits cannot be extended to the acts committed by
the others of which he is a co-principal.
*Prior to RA No. 8353, a husband cannot be guilty of rape committed upon his wife because of the
matrimonial consent which she gave when she assumed the marriage relation. However, under Art 266-
C of RA No. 8353, a husband may be guilty of rape of his wife if it is the legal husband who is the
offender.

ARTICLE 266-D PRESUMPTIONS

Evidence which may be accepted in the prosecution of rape:
1. Any physical overt act manifesting resistance against the act of rape in any degree from the
offended party; or
2. Where the offended party is so situated as to render him/her incapable of giving his/her consent
ARTICLE 267 - KIDNAPPING AND SERIOUS ILLEGAL DETENTION
Elements:
1. That the offender is a private individual who is not any of the parents of the victim nor a female;
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; and The detention is illegal when not
ordered by competent authority or not permitted by law.
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 3 days; or
b. That it is committed simulating public authority; or
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.

*It is NOT necessary that the victim be placed in an enclosure. It may consist not only in placing a person
in an enclosure but also in detaining him or depriving him in any manner of his liberty, as long as the
victim is detained or deprived in any manner of his liberty.
*The original Spanish version of Art. 267 of the RPC used the term "lock up" (encarcerar) rather than
"kidnap" (sequestrator or raptor) which "includes not only the imprisonment of a person but also the
deprivation of his liberty in whatever form and for whatever length of time".
*The crime is committed when the offender left the child in the house of another, where the child had
freedom of locomotion but not the freedom to leave it at will because of his tender age .

When Death Penalty is imposed:

1. If the purpose is to extort ransom;
2. When the victim is killed or dies as a consequence of the detention;
3. When the victim is raped; or
4. When the victim is subjected to torture or dehumanizing acts.

Ransom
It is the money, price, or consideration paid or demanded for redemption of a captured person or
persons, a payment that releases from captivity.

*The essence of the crime of kidnapping is the actual deprivation of the victims liberty coupled with the
intent of the accused to effect it .
* If the person killed, tortured or raped is not the same victim of kidnapping or detention, the crimes may
be complexed or considered as separate offenses.
*The essential element or act which makes the offense kidnapping is the deprivation of an offended
partys liberty under any of the four circumstances enumerated.
*But when the kidnapping or detention was committed for the purpose of extorting ransom, it is not
necessary that one or any of such circumstances enumerated in the first par. of Art. 267 be present.
Actual demand for ransom is NOT necessary.
*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 kidnapping and murder or homicide can no longer
be complexed under Art. 48 nor be treated as separate crimes but shall be punished as a special
complex crime under the last paragraph of Art. 267, as amended by RA 7659.
*Regardless of the number of the victims killed, there is only one crime of special complex crime of
kidnapping with homicide or murder, as the case may be. However, if the person killed is not the kidnap
victim, it shall be treated as a separate crime of homicide or murder, as the case may be.
*When the victim is a minor and the accused is any of the parents, the penalty is that provided for in Art.
271 par.2, RPC.
*Where there is no showing that the accused intended to deprive their victims of their liberty for some
time and for some purpose, and there being no appreciable interval between their being taken and their
being shot from which kidnapping may be inferred, the crimes committed were murder and frustrated
murder and not the complex crimes of kidnapping with murder and kidnapping with frustrated murder.
*If the primary and ultimate purpose of the accused is to kill the victim, the incidental deprivation of the
victims liberty does not constitute the felony of kidnapping but is merely a preparatory act to the killing,
and hence, is merged into, or absorbed by, the killing of the victim.
*There is no kidnapping with murder, but only murder where a 3-year old child was gagged, hidden in a
box where he died and ransom asked. The demand for ransom did not convert the offense into
kidnapping with murder. The defendant was well aware that the child would be suffocated to death in a
few moments after she left. The demand for ransom is only a part of the diabolic scheme of the
defendant to murder the child, to conceal his body and then demand money before the discovery of the
cadaver.
Illegal Detention v. Arbitrary Detention
Illegal Detention
Committed by a private
individual who unlawfully
kidnaps, detains or otherwise
deprives a person of liberty.
Crime is against personal
liberty and security
Kidnapping with Rape
Lewd design came after the
intent to kidnap the victim.
It is a special complex crime
If there is an attempted rape, it
shall be considered a separate
crime.
If there are multiple rapes,
there is only one special
complex crime of Kidnapping
with Rape.
Arbitrary Detention
Committed by a public officer
or employee who detains a
person without legal ground.
Crime against the fundamental
laws of the State.
Forcible Abduction w/ Rape
At the outset, there is already
lewd design
It is a complex crime under
Article 48 since forcible
abduction is a necessary means
of committing the crime of
rape.
If there is an attempted rape,
the crime committed is only
forcible abduction, the former
being an expression of the lewd
design.
If there are multiple rapes, only
one is complexed with forcible
abduction and the rest shall be
considered as separate crimes.
ARTICLE 268 - SLIGHT ILLEGAL DETENTION
Elements:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any manner deprives him of his liberty;
3. That the act of kidnapping or detention is illegal; and
4. That the crime is committed without the attendance of the circumstances enumerated in Art. 267.

Liability is mitigated when the following circumstances concur:

1. Offender voluntarily releases the person so kidnapped or detained within three days from the
commencement of the detention
2. Without having attained the purpose intended; and
3. Before the institution of criminal proceedings against him.

*When the victim is female, the detention is under Art 267; voluntary release is not mitigating there.

Liability of accomplice in Slight Illegal Detention

The same penalty of reclusion temporal shall be incurred by anyone who shall furnish the place for the
perpetration of the crime. His participation is raised to that of a real coprincipal. If the crime is under
Article 267, he is a mere accomplice unless there was conspiracy.
ARTICLE 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; and
3. That the arrest or detention is unauthorized by law or there is no reasonable ground therefor.

*The offender is any person, whether a public officer or a private individual. However, the public officer
must not be vested with the authority to arrest or detain a person or must not act in his official capacity.
Otherwise, Art. 124 is applicable and not Art. 269.
*No period of detention is fixed by law under Art. 269 but the motive of the offender is controlling.

Unlawful Arrest Other Illegal Detention

Purpose of locking up or Any other case
detaining the victim is to
deliver him to the proper
authorities, and develops to be
unlawful

Delay in the Delivery of Unlawful Arrest

Detained Persons
Detention is for some legal Detention is not authorized by
ground law
Committed by failing to deliver Committed by making an arrest
such person to the proper not authorized by law
judicial authority within a
certain period
ARTICLE 271 - INDUCING A MINOR TO ABANDON HIS HOME
Elements:
1. That a minor (less than 18 years old) is living in the home of his parents or guardian or the person
entrusted with his custody; and
2. That the offender induces said minor to abandon such home. Inducement must be
a. actual,
b. committed with criminal intent and
c. determined by a will to cause damage.

*The crime committed may be exploitation of minors depending on the purpose of the inducement.

To induce
Means to influence; to prevail on; to move by persuasion; or to incite by motives.

*Father or mother may commit crimes under Arts. 270 & 271 where they are living separately and the
custody of the minor children has been given to one of them.
*It is not necessary that the minor actually abandons the home.
*The minor should not leave his home on his own free will.
ARTICLE 272 - SLAVERY
Elements:
1. That the offender purchases, sells, kidnaps or detains a human being; and
2. That the purpose of the offender is to enslave such human being.

Qualifying circumstance:
When the purpose of the offender is to assign the offended party to some immoral traffic.

*If the victim is female, the crime committed may be that under Art. 341 or white slave trade.
*The purpose must be determined, if the purpose is to enslave the victim, it is slavery; otherwise, it is
kidnapping or illegal detention.

ARTICLE 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; and
3. That it is under pretext of reimbursing himself of a debt incurred by an ascendant, guardian or
person entrusted with the custody of such minor.

*The phrase against the (minors) latters will; hence, if the minor consents to the offenders retaining
his services, there is no violation of this article.
ARTICLE 274 - SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT
Elements:
1. That the offender compels a debtor to work for him, either as household servant or farm laborer;
2. That it is against the debtors will; and
3. That the purpose is to require or enforce the payment of a debt.

*Creditor-Debtor relationship between the offender and the offended party must exist, otherwise, the
crime committed is coercion.
*There is no violation of this article if a debtor is compelled to work as an office janitor because this article
specifically provides that the debtor is compelled to work as a household servant or farm labourer.

Exploitation of Child Labor Services Rendered under

Victim is a minor
Minor is compelled to render
services for the supposed debt
of his parent or guardian
Service of minor is not limited
to household and farm work
Compulsion in Payment of
Debt
Does not distinguish whether
the victim is a minor or not
Debtor himself is the one
compelled to work for the
offender
Limited to household and farm
work.
If in other capacities, crime
committed may be coercion.
ARTICLE 275 - ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONES OWN VICTIM
Acts punished:
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.
Elements:
a. The place is uninhabited;
b. The accused found there a person wounded or in danger of dying;
c. The accused can render assistance without detriment to himself; and
d. The accused fails to render assistance.
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.

Uninhabited place
It is determined by possibility of person receiving assistance from another. The place may still be
considered uninhabited in legal contemplation even if there are many houses around but the possibility
of receiving assistance is remote.

*The child under seven years of age must be found in an unsafe place.
*It is immaterial that the offender did not know that the child is under seven years.
ARTICLE 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; and
4. That he has no intent to kill the child when the latter is abandoned.

*If there is intent to kill and the child dies, the crime would be murder, parricide, or infanticide, as the
case may be. If the child does not die, it is attempted or frustrated murder, parricide or infanticide, as
the case may be.
*Intent to kill cannot be presumed from the death of the child. The ruling that intent to kill is conclusively
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. 176.
*If the intent in abandoning the child is to lose its civil status, the crime under Art. 347 (concealment or
abandonment of a legitimate child) is committed.

Circumstances Qualifying the Offense:

1. When the death of the minor resulted from such abandonment; or
2. If the life of the minor was in danger because of the abandonment.

*The act must be conscious and deliberate such that the abandonment deprives the child of the care and
protection from danger to his person.
ARTICLE 277 - ABANDONMENT OF MINOR ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS
Acts punished:
1. By delivering a minor to a public institution or other persons without the consent of the one who
entrusted such minor to the care of the offender or, in the absence of that one, without the consent
of the proper authorities.
Elements:
a. That the offender has charge of the rearing or education of a minor;
b. That he delivers said minor to a public institution or other persons and;
c. That the one who entrusted such child to the offender has not consented to such act, or if the
one who entrusted such child to the offender is absent, the proper authorities have not
consented to it.
2. By neglecting his (offenders) children by not giving them the education which their station in life
requires and financial condition permits.
Elements:
a. That the offender is a parent;
b. That he neglects his children by not giving them education;
c. That his station in life requires such education and his financial condition permits it.

Failure to give education must be due to deliberate desire to evade such obligation.
*The "neglect of child" punished under Art. 59(4) of PD 603 is also a crime (known as "indifference of
parents") penalized under the second paragraph of Art. 277 of the RPC.
*The detention is illegal when not ordered by competent authority or not permitted by law.

Abandonment of Minor by Abandonment of Minor

Persons Entrusted with
Custody
The custody of the offender is
specific, that is, the custody for
the rearing or education of the
minor.
Minor is under 18 years of age
Minor is delivered to a public
institution or other person.
The custody of the offender is
stated in general.
Minor is under 7 years of age
Minor is abandoned in such a
way as to deprive him of the
care and protection that his
tender years need.
ARTICLE 278 - EXPLOITATION OF MINORS
Acts Punished:
1. Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing,
physical strength, or contortion, the offender being any person.
2. Employing children under 16 years of age who are not children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver, or wild animal tamer, the offender being an
acrobat, etc., or circus manager or engaged in a similar calling.
3. Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the
next preceding paragraph, the offender being engaged in any of said callings.
4. Delivering a child under 16 years of age gratuitously to any person following any calling
enumerated in paragraph two, or to any habitual vagrant or beggar, the offender being an
ascendant, guardian, teacher, or person entrusted in any capacity with the care of such child.
5. Inducing any child under 16 years of age to abandon the home of its ascendants, guardians,
curators or teachers to follow any person engaged in any calling mentioned in paragraph two, or to
accompany any habitual vagrant or beggar, the offender being any person.

*Must be of such nature as to endanger the life or safety of the minor.

*R.A. 7610 punishes abuse, exploitation and discrimination of minors.

Qualifying Circumstance:
Delivery of the child is made in consideration of any price, compensation or promise.

Exploitation of Minors Inducing A Minor to

(Art 278, par. 5) Abandon his Home
The purpose of inducing the No such purpose.
minor to abandon the home is
to follow any person engaged in
any of the callings mentioned.
Victim is under 16 years of age. Victim is a minor (under 18
years).
ARTICLE 279 - ADDITIONAL PENALTIES FOR OTHER OFFENSES
*Imposition of the penalties prescribed in the preceding articles (Art 275-278) shall not prevent the
imposition upon the same person of the penalty provided for any other felonies defined and punished
under the RPC.

ARTICLE 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 will of the owner or occupant.

Rationale:
To protect and preserve by law the privacy of ones dwelling.

Qualifying Circumstance:
If committed by means of violence/intimidation.

Simple Trespass to Dwelling Qualified Trespass to Dwelling

Offender enters the dwelling of
another and the entrance is
against the latters will.
Offender enters the dwelling of
another against the latters will
and the offense is committed
by means of violence or
intimidation.

Dwelling place
Means any building or structure exclusively devoted for rest and comfort. It is not necessary that it be
the permanent dwelling of the person.

*Determining factor of whether a building is a dwelling depends upon the use to which it is put.
*In general, all members of a household must be presumed to have authority to extend an invitation to
enter the house.
*To commit trespass, the entrance by the accused should be against the presumed/implied or express
prohibition of the occupant. Lack of permission does not amount to prohibition.
*There is an implied prohibition when entrance is made through means not intended for ingress.

Rule:
Whoever enters the dwelling of another at late hour of the night after the inmates have retired and
closed their doors does so against their will. Prohibition in this case is presumed.

If a person was killed after trespass by the offender, the following crimes are committed:
a. If there was no intent to kill when he entered separate crimes of homicide or murder and qualified
trespass to dwelling.
b. If there was intent to kill when he entered the crime of homicide/murder with dwelling as an
aggravating circumstance.

*Prohibition must be in existence prior to or at the time of entrance. Prohibition is not necessary when
violence or intimidation is employed by the offender (qualified trespass).
*Violence/Intimidation may be the method by which one may pass the threshold of the dwelling of
another or the conduct immediately after the entrance of the offender.
*Ordinarily, all trespassers have intention to commit another crime HOWEVER, if there is no overt act of
crime intended to be done, what is committed is trespass to dwelling.
*Trespass may be committed by the owner of a dwelling
(i.e. lessor enters the house leased to another against the latter's will).
*If the offender is a public officer or employee, the crime committed is violation of domicile.

Cases to which the provision of this article is NOT applicable:

1. If the entrance to anothers dwelling is made for the purpose of preventing some serious harm to
himself, the occupants of the dwelling or a third person.
2. If the purpose is to render some service to humanity or justice.
3. If the place where entrance is made is a caf, tavern, inn and other public house, while the same
are open.

*A person who believes that a crime has been committed against him has every right to go after the
culprit and arrest him without any warrant even if in the process he enters the house of another against
the latters will.
ARTICLE 281 - OTHER FORMS OF TRESPASS
Elements:
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; and
4. That the trespasser has not secured the permission of the owner or the caretaker thereof.

Qualified Trespass to Other Forms of Trespass

Dwelling
Offender is a private person.
Offender enters a dwelling
house.
Place entered is inhabited
Act constituting the crime is
entering the dwelling against
the will of the owner.
Prohibition to enter is express
or implied
The offender is any person.
Offender enters closed
premises or fenced estate
Place entered is uninhabited.
It is the entering the closed
premises or the fenced estate
without securing the permission
of the owner or caretaker
thereof.
Prohibition to enter must be
manifest.

Premises
Signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either
case, locality is fixed.