Title IX Flashcards
(19 cards)
Article 267. Kidnapping and Serious Illegal
Detention
Elements
1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty;
3. The act of detention or kidnapping must be illegal;
4. In the commission of the offense, any of the following circumstances is present:
a. The kidnapping lasts for more than 3 days;
b. It is committed simulating public authority;
c. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or
d. The person kidnapped or detained is a minor, female, or a public officer.
Difference between kidnapping and illegal detention
In the actual essence of the crime, when one says kidnapping, this connotes the idea of transporting the offended party from one place to another.
The crime of kidnapping is committed if the purpose of the offender is to extort ransom either from the victim or from any other person.
When you think illegal detention, it connotes the idea that one is restrained of his liberty without necessarily transporting him from one place to another.
No ransom
Usually, the offended party is brought to a place other than his own, to detain him there.
Difference between Forcible abduction, Serious illegal detention, Grave coercion
Forcible abduction – If a woman is transported from one place to another by virtue of restraining her of her liberty, and that act is coupled with lewd designs.
Serious illegal detention – If a woman is transported just to restrain her of her liberty. There is no lewd design or lewd intent.
Grave coercion – If a woman is carried away just to break her will, to compel her to agree to the demand or request by the offender.
Circumstances which make illegal detention serious
(1) When the illegal detention lasted for three days, regardless of who the offended party is;
(2) When the offended party is a female, even if the detention lasted only for minutes;
(3) If the offended party is a minor or a public officer, no matter how long or how short the detention is;
(4) When threats to kill are made or serious physical injuries have been inflicted; and
(5) If it shall have been committed simulating public authority.
Article 268. Slight Illegal Detention
Elements
1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner deprives him of his liberty.
3. The act of kidnapping or detention is illegal;
4. The crime is committed without the attendance of any of the circumstances enumerated in Article 267.
Article 269. Unlawful Arrest
Elements
1. Offender arrests or detains another person;
2. The purpose of the offender 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.
If the arrest is made without a warrant and under circumstances not allowing a warrantless arrest, the crime would be unlawful arrest.
Article 270. Kidnapping and Failure to Return A
Minor
Elements
- Offender is entrusted with the custody of a minor person (whether over or under seven years but less than 21 years of age);
- He deliberately fails to restore the said minor to his parents or guardians.
Article 271. Inducing A Minor to Abandon His
Home
Elements
1. A minor (whether over or under seven years
of age) is living in the home of his parents or
guardians or the person entrusted with his
custody;
2. Offender induces said minor to abandon
such home.
Article 272. Slavery
Elements
1. Offender purchases, sells, kidnaps or detains a human being;
2. The purpose of the offender is to enslave such human being.
Article 273. Exploitation of Child Labor
Elements
1. Offender retains a minor in his services;
2. It is against the will of the minor;
3. It is under the pretext of reimbursing himself
of a debt incurred by an ascendant,
guardian or person entrusted with the
custody of such minor.
Article 276. Abandoning A Minor
Elements
1. Offender has the custody of a child;
- The child is under seven years of age;
- He abandons such child;
- He has no intent to kill the child when the latter is abandoned.
Article 282. Grave Threats
Acts punished:
- Threatening another with the infliction upon his person, honor or property or that of this 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;
- Making such threat without the offender attaining his purpose;
- 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.
Article 280. Qualified Trespass to Dwelling
Elements
1. Offender is a private person;
2. He enters the dwelling of another;
3. Such entrance is against the latter’s will.
Article 283. Light Threats
Elements
1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
3. There is a demand for money or that other condition is imposed, even though not unlawful; 4. Offender has attained his purpose or, that he has not attained his purpose.
Article 286. Grave Coercions
Acts punished
- Preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law;
- Compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong.
Article 286. Grave Coercions
Elements
- A person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will; be it right or wrong;
- The prevention or compulsion be effected by violence, threats or intimidation; and
- 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.
Article 287. Light Coercions
Elements
1. Offender must be a creditor;
2. He seizes anything belonging to his debtor:
3. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation;
4. The purpose of the offender is to apply same to the payment of the debt.
Article 291. Revealing Secrets with Abuse of
Office
Elements
1. Offender is a manager, employee or servant;
2. He learns the secrets of his principal or master in such capacity;
3. He reveals such secrets.
Article 292. Revelation of Industrial Secrets
Elements
1. Offender is a person in charge, employee or workman of a manufacturing or industrial establishment;
2. The manufacturing or industrial establishment has a secret of the industry which the offender has learned;
3. Offender reveals such secrets;
4. Prejudice is caused to the owner.
