Crime Elements Penalty REMARKS

Art 267 Kidnapping 1. kidnap or detain another Reclusion Perpetua

and serious illegal 2. deprive him of liberty
detention 3. Qualification
 Lasting 3 days
 Committed simulating
authority
 Serious physical injury or
threatened to kill
 Minor victim, except
parents, female or a public
officer.

If the purpose is for extorting Death

ransom from the victim or any other
person.

When the victim was killed Maximum Penalty

Dies due to rape
Torture or dehumanizing acts
Art 268 Slight 1. Those enumerated above, without Reclusion Temporal
Illegal Detention the qualifications.
2.
If the offender shall voluntarily Prision Mayor and a
release a person fine not exceeding Php
700.00
Art 269 Unlawful 1. In any case other than those Arresto Mayor and a
Arrest authorized by law fine not exceeding Php
2. Without reasonable ground 500.00
3. Offender arrest or detain another
purpose of delivering him to the
proper authorities.
Art 270 Kidnapping 1. Entrusted with the custody of the Reclusion Perpetua
and failure to minor,
return a minor 2. shall deliberately fail to restore the
latter top his parents or guardians
Art 271 Inducing a 1. induce a minor to abandon the Prision Correctional
minor to leave his home of his parents or guardian or and a fine not
home the person entrusted with his exceeding 700.00
custody

Art 272 Slavery Offender is parent Arresto Mayor and a

fine not exceeding
300.00
Art 273
Exploitation of
Child Labor
Art 274 Services
rendered under
compulsion in
payment of debt.
Art 275 1. fail to render assistance to any The act of abandonment becomes the intent to kill.
Abandonment person
 person he finds in an If you intentionally inflict + abandoned + dies = HOMICIDE, the abandonment
uninhabited place
 person he accidentally Accident = Art 12, exempted.
wounded
 an abandoned child Child should be “found”

Art 276 1. that the offender has custody Infanticide =less than 3 days old
Abandoning a 2. under 7 yrs
Minor 3. abandons such child So you can murder an infant?
4. no intent to kill 1. Infanticide
2. Relationship
3. Murder
Art 280 Trespass to Arresto Mayor and a What is a Dwelling? Art 301. Inhabited house means any shelter, ship or vessel
Dwelling 1. Private Person fine not exceeding constituting the dwelling of one or more persons, even though the inhabitants
2. Enters the Dwelling 1000.00 thereof shall temporarily be absent therefrom when the robbery is committed.
3. against the latter’s will
What is the Criminal Intent? The intention to invade the Privacy of the person.
If committed by means of violence or Prision Correcional
intimidation (med-max) and a fine As long as there is an enclosure, there is trespass to dwelling. Even if the
not exceeding php enclosure is a jar. The essence is the invasion of privacy.
1000.00
EXCEPT, when he enters: If it is a fenced estate, it falls under Art 281. Art 280 only involves a “DWELLING”
1. Purpose of preventing some serious harm as defined in Art 301. In art 281, the invasion should be MANIFEST. As opposed
to self, the occupants, 3rd person to Art 280.
2. rendering some service to humanity or
justice Who is allowed? Of course family members are presumed co-owners.
3. “cafes, taverns, inn other public houses,
while OPEN.

Art 281 Other

Forms of Trespass
Threat w/o condition, attained his purpose
Art 282 Grave 1. Offender threatens another person with
Threats infliction upon the latter’s person, honor or
property, or upon the latter’s family, any
wrong.

2. that such wrong amounts to a crime

3. that there is demand for money or any
imposed condition
4. that the offender attains his purpose

Threat w/o condition, did not attain

 1. Offender threatens another with the
infliction upon the latter’s person, honor or
property, or upon the latter’s family, any
wrong.
2. That such wrong amounts to a crime
3. that there is demand for money or that
any other condition is imposed
4. that the offender did NOT attain his
purpose.

Threat
1. Offender threatens another with the
infliction upon the latter’s person, honor or
property, or upon the latter’s family, any
wrong.
2. That such wrong amounts to a crime
3. That the threats is NOT subject to a
condition.

Art 283 Light 1. Offender makes a threat to commit a Arresto Mayor The difference here is the nature of the wrong.
Threats wrong
2. it is not a crime
3. there is a condition
4. WON he attains his purpose

Art 285 Other Light 1. by threatening another with a weapon, or The difference is “in the heat of anger” and “without persisting in the idea”
Threats by drawing such weapon in a quarrel, unless
it be in lawful self-defense. Should not be included in the provision on light threats nor shall the
2. by orally threatening another, in the heat circumstances of the offense bring it within the provisions of grave threats.
of anger, with some harm 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.
Art 286 Grave 1. Offender prevented another from doing Taking the law in your own hands
Coercions something not prohibited by law, or that he
compelled him to do something against his You bypass a remedy of the law
will, be it right or wrong
Art 266 Slight Physical Injury (Physical)
2. That the prevention or compulsion be
affected by violence, threats or intimidation. Art 359 Slander by Deed (humiliation)

3. that the offender who restrained the will Art 287 Unjust Vexation (Annoy)
and liberty of another had no authority of
law or the right to do so.

By Preventing another, by means of

violence, threats or intimidation from doing
something not prohibited by law.

By compelling another, by means of

violence, threats or intimidation to do
something against the will, whether it be
wrong or right.

Art 287 Light 1. offender must be a creditor

Coercion 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 his debt.

Unjust Vexation
 Includes any human conduct which,
although not productive of some physical
harm would, however, unjustly annoy or vex
an innocent person.

Special Laws

RA 9208 - Anti-Trafficking in Person

 The essence is EXPLOITATION
 Transboundary or Transnational Crime
 In this context, there is no “Prostitution” only “Prostituted Women”
 Can you file both Kidnapping
 Predicate or Constituted crimes can be prosecuted separately.
o The jurisprudence is the Labor case that you can file a separate action for illegal recruitment and RA 9208.

RA 4200 Anti Wire-Tapping

Security Act