Reporter: Maria Charise C. LeysonLL.B1

TITLE NINECHAPTER ONE

CRIMES AGAINST LIBERTYSECTION ONE – ILLEGAL DETENTION

Art. 267 – Kidnapping and serious illegal detention - (RA no. 7659)

ELEMENTS:1. That the offender is a private individual2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty3. That the act of detention or kidnapping must be illegal4. That in the commission of the offices, any of the following circumstances is present:

a. That the kidnapping or detention lasts for more than 3 days [72 hours]b. That it is committed simulating public authorityc. That any serious physical injuries are inflicted upon the person kidnapped or detained or

threats to kill him are made; ord. That the person kidnapped or detained is a minor, female, or a public officer.

KIDNAP FOR RANSOM - The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above mentioned were present in the commission of the offense.

When the victim is killed or dies as a consequence of the detention, or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed.

THE OFFENDER IS A PRIVATE INDIVIDUAL The term private individual here includes public officers who detained another without authority

to detain What is the crime committed when a janitor a govt. employee would detain another person? The

crime would be illegal detention. If the public officer has the authority to detain and deprive another of his liberty, what is the

crime committed? Ans. ARBITRARY DETENTION

SERIOUS ILLEGAL DETENTION is committed if:1. Kidnapping or detention lasts for more than 3 days2. Kidnapping or detention is committed simulating public authority

Someone falsely represents himself to be a MILITARY in a check point and you were kidnapped, and you were detained for 2 days only. What is the crime committed? SERIOUS ILLEGAL DETENTION even if the detention did not last for 3 days but since the accused committed kidnapping by simulating public authority this circumstance makes illegal detention serious.

3. When the victim suffers physical injuries or threats to kill him are made Even if the detention did not last for 3 days, or the accused did not simulate public

authority, but they inflicted serious physical injuries or threaten the victim to kill him

4. If the person kidnapped or detained is a minor, female, or a public officer what is the crime committed, when your son was fetched from the school and was

detained for just one day? SERIOUS ILLEGAL DETENTION even if the other circumstances mentioned above is not present because the victim is a minor the accused committed serious illegal detention.

what is the crime committed if a female teacher is being abducted and detained and she was release a day after the detention? SERIOUS ILLEGAL DETENTION. She is a public officer and she is a female.

What is the crime committed if a male public school teacher is abducted but after one day detention he was release? SERIOUS ILLEGAL DETENTION because the victim is a public officer.

KIDNAP FOR RANSOM - The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above mentioned were present in the commission of the offense.

even if the four circumstances above mentioned are not present RANSOM – any reimbursement for the board and lodging mere demand of ransom constitute a crime of KIDNAP FOR RANSOM, actually acceptance of

the ransom is not necessary this is one form of extortion

When the victim is killed or dies as a consequence of the detention, or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed.

Crime committed if the victim in the kidnapping is being killed? It could be kidnapping with murder or kidnapping with homicide [SPECIAL COMPLEX CRIME – when 2 or more crime is committed but the law provides only for one penalty].

there is no complex crime of kidnapping with attempted rape because the law provides for a specific penalty for the act committed, ie when the person kidnapped or illegally detained is raped.

Hospitals that does not discharge their patients because they did not pay there bills. What is the crime committed? that would be serious illegal detention when the patient is a minor, female, or public officer. Or that could be illegal detention for ransom. Is it not a form of ransom? Yes, ransom is any consideration for release.

QUALIFIED KIDNAPPING 1. It is for ransom2. The victim is killed or dies as a consequence of the detention3. The victim is raped4. The victim is subjected to torture or dehumanizing acts

Q: can spouse guilty of illegal detention? The spouse could be held for illegal detention if she or he detains the other without valid reasons. Spousal rights does not extend to illegal restraints.

REMEMEBR: Parents cannot be held guilty of illegal detention over their minors as long as they have still parental authority over them. But there could be a violation under the VAWC law [RA no. 9262] or ANTI-Child Abuse Law [RA no. 7610]

Art. 268. Slight illegal detention -

ELEMENTS:1. That the offender is a private individual2. That he kidnaps or detains another, or in any other manner deprives him of his liberty3. The act of kidnapping or detention is illegal4. That the crime is committed without the attendance of any of the circumstances enumerated in

art. 267

PENALTY: 1. reclusion temporal 2. prision mayor in its minimum and medium periods and a fine not exceeding 700 pesos

if the offender shall: [must concur] voluntarily release the person so kidnapped or detained within 3 days from the

commencement of the detention without having attained the purpose intended and before the institution of criminal proceedings against him

NOTE: example, a minor, female, or public officer is kidnapped and was released within 3 days from the commencement of the detention, without having attained the purpose intended and before the institution of the criminal proceedings against the accused, what is the crime committed?

SERIOUS ILLEGAL DETENTION not slight illegal detention.

Bar: this mitigating circumstance does not apply to serious illegal detention. It is applicable only to slight physical detention.

LIABILITY OF ACCOMPLICE in slight illegal detentionThe same penalty is incurred by anyone who furnished the place for the [detention] perpetration of the crime. His participation is raised to that of a real co-principal.

ART. 269 – UNLAWFUL ARREST

ELEMENTS:1. that the offender arrests or detains another person2. that the purpose of the offender is to deliver him to the proper authorities3. that the arrest or detention is not authorized by law or there is no reasonable ground therefor.

PENALTY: arresto mayor and a fine not exceeding 500 pesos

THE OFFENDER IS ANY PERSON, WHETHER A PUBLIC OFFICER OR A PRIVATE INDIVIDUAL.

For example, today, your fighting cock was stolen. And on the next day, you suspected that your neighbor was the one who stole your fighting cock and you arrest your neighbor and brought the latter to the police. What crime is committed? UNLAWFUL ARREST because your purpose is to bring to the proper authorities to answer for the crime.

But what if your purpose is to bring him to the proper authorities to answer for the crime he allegedly committed but you want to detained him in your home. The crime committed is illegal detention.

Your clue is your purpose:1. if your purpose is to deliver him to proper authorities to answer for some crimes –UNLAWFUL

ARREST if you have no authority to arrest;

2. if your purpose is not to deliver him to proper authorities - then that is ILLEGAL DETENTION or SERIOUS ILLEGAL DETENTION if the victim is a minor, female, or public officer.

Art. 125 – delay in the delivery of detained person to the proper judicial authority vs Art. 269 – unlawful arrest

Art. 125 Art. 269 The detention is for some legal grounds Committed by failing to deliver person to

the proper judicial authority within a certain period of time

PERIODS:1. 12 hrs – light offenses2. 18 hrs – Correccional offenses3. 36 hrs – afflictive or capital offenses

Detention is not authorized by law Committed by making an arrest not

authorized by law

Art. 270 – Kidnapping and failure to return a minorThe penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians. [as amended by republic act no. 18]

ELEMENTS:1. That the offender is entrusted with the custody of a minor person [whether over or under 7 years

but less than 21 years of age]2. That he deliberately fails to restore the said minor to his parents or guardians

*So when a nanny or a helper failed to return the child to the parents the crime could be kidnapping.

Art. 271. Inducing a minor to abandon his home -

ELEMENTS:1. That a minor [whether over or under seven years of age] is living in the home of his parents or

guardian or the person entrusted with his custody2. That the offender induces said minor to abandon such home

PENALTY:1. Prision correccional and fine not exceeding 700 pesos2. Arresto mayor or a fine not exceeding hundred pesos – if the person committing any of the

crimes covered by art. 270 and the first par.1 of art. 271, is the father or the mother of the minor.

SLAVERY and SERVITUDE

Art. 272 – SLAVERY

ELEMENTS:1. That the offender purchases, sells, kindaps, or detains a human being2. That the purpose of the offender is to enslave such human being

PENALTY:1. Prision mayor and a fine not exceeding 1,0002. The penalty shall be imposed in its maximum – if the crime be committed for the purpose of

assigning the offended party some immoral traffic [prostitute],

The purpose is to enslave the victim, meaning – to obliged him or her render service as a servant without any renumeration.

KIDNAPPING vs SLAVERY

The purpose must be determined. If the purpose is to enslave the victim, it is slavery, otherwise it is kidnapping or illegal detention. In kidnapping, the purpose is to detain the victim.

There is a special law related to this: HUMAN TRAFFICKING in PERSONS

*But where it is proven that the defendant was obliged to render service in plaintiff’s house as a servant without remuneration whatever and to remain there so long as she has not paid her debt, there is slavery. [Reyes vs Alojado, 16 Phil 499]

Art. 273. Exploitation of child labor -

Elements:1. The offender retains a minor in his service2. That it is against the will of the minor3. That it is under the pretext of reimbursement himself of a debt incurred by an ascendant, guardian

or person entrusted with the custody of such minor.

NOTE: if the minor consents to the offender’s retaining his services, there is no violation of this article. But there is a special law violated that is RA 7610 – ANTI CHILD ABUSE.

Here there is payment for the loan obtain by the parents, guardian or person entrusted.

Art. 272 [slavery] vs Art. 273[exploitation of child labor] vs Art. 278 [exploitation of minor]Slavery Exploitation of child labor Exploitation of minorELEMENTS: ELEMENTS: Acts punished:

1. That the offender purchases, sells, kidnaps, or detains a human being

2. That the purpose of the offender is to enslave such human being

1. The offender retains a minor in his service

2. That it is against the will of the minor

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

1. By 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. By employing children under 16 years of age who are not the 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 person engaged in a similar calling.

3. By employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding par. The offender being engaged in any of the said callings

4. By delivering a child under 16 years of age gratuitously to any person following any of the callings enumerated in par. 2 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. By inducing any child under 16 years of age to abandon the home its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in par. 2 or to accompany any habitual vagrant or beggar, the offender being any person.

There may be or no debt involved.

The purpose is to enslave the victim, meaning – to obliged him or her render service as a servant without any remuneration.

There is a debt contracted by the parents, guardian or person entrusted with the custody of the child victim

There is no debt here but the minor is made to work on a dangerous work environment or exhibition.

Art. 274 – Services rendered under compulsion in payment of debt – SERVICE IN PAYMENT OF DEBT

ELEMENTS:1. That the offender compels a debtor to work for him, either as household servant or farm laborer2. That it is against the debtor’s will3. That the purpose is to require or enforce the payment of a debt

NOTE: if the debtor is compelled to work as your driver [or office janitor], the crime committed could be grave coercion if there are threats involved. There is no violation under this article because this article specifically provides that the debtor is compelled to work as household servant or farm laborer.

Art. 273 vs Art. 274Art. 273 - Exploitation of child labor Art. 274 - Services rendered under compulsion

in payment of debt The debtor is the parent, guardian or person

entrusted with the custody of the child victim The debtor is not the one compelled to work but the

minor under the pretext of reimbursing the debt incurred

The service of the minor is not limited to Household and farm work

The debtor here could be a minor or not The debtor is the one compelled to work the service of the debtor is limited only to

household and farm work