[CRIM 2] Crimes Against Liberty & Security

What are the elements of Kidnapping / Serious Illegal Detention

PPUKI-3STMP

1. Offender is

   1. Private individual; or

   2. Public officer in their private capacity

2. Kidnaps someone or illegally deprives them of their liberty

3. Attended by any of the following circumstances

   1. Detention has been for at least 3 days

   2. Committed simulating public authority

   3. Threats or serious physical injuries

   4. victim is a

      1. Minor

      2. Female, or

      3. Public officer

When is Kidnapping / Serious Illegal Detention qualified?

There is extortion for ransom

Define ransom

consideration paid for the redemption of a captured person

Is actual demand or payment of ransom necessary for the crime to be committed

Actual demand nor payment of ransom is necessary for the crime to be committed because what matters is that the kidnapping was done for ransom (intent)

What happens if the person kidnapped is a child and the accused is any of the parents? Does this fall under Serious Illegal Detention?

Yes, but the penalty is the same as Inducing a minor to abandon his home

Is there a deprivation of liberty if a child is left int he house of another, where he has freedom of locomotion but not the freedom toleave it at will

Yes

Is it necessary for the victim to be placed in an inclosure in order to qualify as illegal detention

No. If they can’t leave = illegal detention

When is detention illegal

When it is not ordered b

When the robbers restrain people from leaving a house, is there illegal detention?

No, because the purpose is to delay or prevent assistance from being rendered by the authorities

Is it possible to complex Kidnapping with Rape or Homicide under Art. 48?

No, because these are now special complex crimes. It no longer matters if the rape/homicide were afterthoughts or were part of the plan all along

When the kidnapping is for ransom, do the circumstances mentioned in Serious Illegal Detention have to exist for it to be serious na dayon?

Well, no

What are the elements of Slight Illegal Detention

PIN

• Private: Offender is a private individual

• Illegal deprivation of liberty: There is an illegal deprivation of liberty (kidnapping, detention)

• None of the circumstances in serious illegal detention are present

What is the intent in Kidnapping

Intent to deprive of liberty

What is the crime of the person who furnishes the place for the perpetration of the kidnapping?

Becomes a principal; punishable by slight illegal detention

What are the requisites for the availment of the privileged mitigating circumstance under Slight Illegal Detention

• Private: Offender is a private individual or an individual in their private capacity

• Illegal deprivation of liberty: There is an illegal deprivation of liberty (kidnapping, detention)

• None of the circumstances in serious illegal detention are present

• Offender voluntarily releases the victim

  • Within 3 days from the initial detention

  • Without having accomplished their purpose

  • Before criminal proceedings are instituted

What is the intent in Unlawful Arrest

Intent to deliver the person to the proper authorities

What are the elements of Unlawful Arrest

• Any person: Offender is any person:

• Detain: Offender arrests or detains another person

• Deliver to proper authorities: Purpose of the offender is to deliver him to the proper authorities

• Unauthorized arrest or detention: Arrest or detention is not authorized by law

If the accused detained someone, with the intent to deliver them to the proper authorities, and the detention lasts more than 3 days, is it considered Serious Illegal Detention or Unlawful Arrest?

Unlawful Arrest

What are the crimes that punish the kidnapping of minors

1. Serious Illegal Detention

2. Kidnapping and failure to return a minor

3. Inducing a minor to abandon his home

What are the elements of kidnapping and failure to return a minor

• Offender Has custody over a minor

• Deliberately fails to return the said minor to his parents or guardians

What is the key difference between Serious Illegal Detention and Kidnapping and failure to return a minor?

CUSTODY

• Serious Illegal Detention → no custody

• Kidnapping and failure to return a minor → has custody

Is it necessary for the minor to abandon the home for the accused to have liability under Inducing a minor to abandon his home?

Well no

What are the elements of Inducing a minor to abandon his home

1. Minor (under 18) is living in the home of his parents or guardians or the person entrusted with his custody; and

2. Offender Induces said minor to abandon such home.

Can a parent be guilty of Inducing a minor to abandon his home?

Yes, where

• The father and the mother are living separately;

• The custody of the minor child was given to one of them

• The other parent (without custody) induces the minor to leave his home

What are the three modes for Abandonment of persons in danger and abandonment of one’s own victim

UPD-FRA-7PAS

1. Offender is an UNINHABITED PLACE and

   1. There is someone WOUNDED or in DANGER OF DYING; and

2. Offender is able to render assistance to someone they have ACCIDENTALLY INJURED without detriment to themselves but fails to do so anyway; or

3. Offender fails to deliver a child less than 7 years old to:

   1. Their parents or guardians; or

   2. The proper authorities; or

   3. A safe place

Is a murderer liable under Abandonment of one’s own victim for failing to render assistance to someone they have shot?

No, they’re just liable for murder

If you intentionally wounded someone in an uninhabitable place, are you liable under Abandonment of one’s own victim?

No… accidentally injured nga

Does it matter if the accused doesn’t know that the child is under 7 years old

No

What are the elements of abandoning a minor

C7A

• Offender has custody of a child

• Child is under 7 years of age

• Offender abandons such child

What is the intent in abandoning a minor

To avoid the obligation of taking care of a minor

What if someone abandons a minor with the intent to kill — is that still culpable under Abandoning a minor?

Nope

If you abandon your child, with the intent to kill it, what is the crime?

Parricide

Can intent to kill be presumed from the death of a child abandoned?

No

Is the abandonment contemplated in Abandoning a minor a permanent one, a temporary one, or both?

A permanent and lasting one

What circumstances qualify the offense of Abandoning a minor

• Results in the death of the minor

• Life of the minor was put in danger because of abandonment

What are the punishable acts under Abandonment of minor by person entrusted with his custody; indifference of parents

• 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

• Neglecting his children by not giving them the education which their station in life requires and financial condition permits

Can you be held liable for Abandonment of minor by person entrusted with his custody; indifference of parents if you are just poor

No — it has to be a deliberate desire

What are the punishable acts under Exploitation of Minors

LESDGI

• LETTING CHILD CIRCUS: Causing a minor under 16 years old to perform any dangerous feat of balancing, physical strength, or contortion

• EMPLOY STRANGER: Any person who

  • Being an acrobat, gymnast, rope-walker, diver, wild-animal tamer, circus manager, etc

  • Shall employ in exhibitions minors under 16 years of age who are not his children or descendants

• EMPLOY DESCENDANT: Any person (described above) engaging in any similar calling, employing a descendant under 12 years old in such dangerous exhibitions

• GIVING CHILD TO CIRCUS: Any person with care of child delivering such child gratuitously to such persons or to any habitual vagrant or beggar

  • Higher penalty if with consideration

• INDUCE CHILD TO LEAVE HOME FOR CIRCUS: Any person who shall induce any child to abandon the home of his guardians to follow any person engaged in any of the aforementioned callings

What are the elements of Qualified Trespass to Dwelling

1. Private: Offender is a private person

2. Enters dwelling of another

3. Without permission from the person dwelling

What happens if the person trespassing a dwelling against the dweller’s will is a public officer? Is he still liable under Qualified Trespass to Dwelling?

No, he is liable under Violation of Domicile

Does dwelling include a room when occupied by another person?

Yes

What is the presumption re: who has authority to extend invitations to enter a house?

All members of the household

Is there Qualified Trespass to Dwelling when a 12 year old girl extends an invitation to her home, where she lives with her family?

No

Is there a presumption of prohibition to enter the dwelling, when someone enters the dwelling at a late hour at night while everyone in the house has retired?

Well yes

If the prohibition comes after the person was welcomed inside, is there sitll Qualified Trespass to Dwelling?

No

When is Qualified Trespass to Dwelling further qualified?

If it is effected by violence or intimidation

For Qualified Trespass to Dwelling to be further qualified, does the violence have to be directed to a person?

No, it can be directed to things, like breaking the door

Can the owner of a dwelling commit trespass?

Yes, if done against the will of the actual occupant

When is entering someone else’s dwelling without their permission NOT considered Qualiifed Trespass to Dwelling

• Entrance is made for the purpose of:

  • Preventing some serious harm to

    • Himself

    • Occupants of the dwelling

    • Third person

  • Rendering some service to humanity or justice

• Entrance is in a private space open to the public, while it’s open (e.g. cafe, tavern, etc)

What are the elements of Other forms of trespass

CUMN

• Premises is closed or fenced

• The property is uninhabited

• Prohibition is manifest

• No consent to enter from the owner or caretaker

Generally what are the elements of Grave Threats

1. Offender threatens another person with the infliction upon

   • A person/his family’s honor

   • A person/his family’s property

   • A person/his family’s person

2. Threat enters the knowledge of the offended party

3. Regardless of whether or not the purpose is attained

4. Regardless of whether or not there is a condition or demand

What are the three modes through which Grave Threats is made

1. Threat of CRIME + any condition + ATTAINS purpose

2. Threat of CRIME + any condition + DOES NOT ATTAIN purpose

3. Threat of CRIME + NO CONDITION

When is Grave Threats qualified

• Through a middleman

• Through writing

When is the crime of Grave Threats consummated?

When the threat enters the knowledge of the victim

When the crime threatened to be committed was actually committed, is there still a separate charge of Grave Threats?

No, it is absorbed

What is the intent in grave threats / light threats / other light threats

Intent to intimidate

What are the elements of light threats

NC-D

• Offender makes a threat to commit a wrong that does not amount to a crime

• Makes a demand or condition that they want the offended party to fulfill

  • Demand is lawful or unlawful

What are the 3 modes of Other light threats

Mode 1: Weapon during a quarrel

• Threaten: Offender threatens someone with a weapon in a quarrel; or

• Draw during quarrel: Offender draws a weapon during a quarrel

  • XPN: For lawful self-defense

Mode 2: Heat of anger

• Orally threatening someone to do some harm not constituting a crime in the heat of anger; and

• Does not persist in the idea involved in hsi threat

Mode 3:

• Orally threaten to do any harm not constituting a felony

Generally, where does blackmailing fall under?

It can fall under light threats

What is the intent in Grave Coercion?

Intent to compel someone to act against their will

What are the elements of Grave Coercion

• Offended party is

  • Prevented from doing something not prohibited by law

  • Compelled to do something against his will, be it right or wrong

• Effected by violence, threats, or intimidation

• Restraint is 

  • Not made under authority of law; or

  • In the exercise of a lawful right

When is Grave Coercion qualified

• Suffrage: Violation of the right to suffrage

• Perform religious act: Compelling another to perform any religious act

• Prevent religious act: Preventing another from performing any religious act

What are the elements of Light Coercion

CS-VIA

• Offender must be a creditor

• Offender must seize anything belonging to his debtor

• Seizure is accomplished by means of:

  • Violence; or

  • Intimidation: Display of material force producing intimidation

• Purpose of the offender is to apply the same to the payment of the debt

What are the elements of unjust vexation

• Offender must be a creditor

• Offender must seize anything belonging to his debtor

• Seizure is accomplished by means of:

  • Violence; or

  • Intimidation: Display of material force producing intimidation

• Purpose of the offender is to apply the same to the payment of the debt

What is the intent in Light Coercion

To seize property in satisfaction of a debt to the offender-creditor

What are the elements in unjust vexation

1. Anything

2. Harmless

3. But annoying

What are the modes in Other similar coercions

Mode 1: Compelling employee to purchase merchandise

• Officer: Offender is any person, agent, or officer of any association or corporation

• Employs laborers: He or such corporation has employed laborers or employees

• Forces purchase: Forces or knowingly permits to be forced, any of his laborers or employees to purchase merchandise or commodities from said firm or corporation

Mode 2: Wages through tokens rather than legal tender, unless requested

• Offender pays wages due a laborer or employee by means of tokens or object

• Not legal tender currency of the Philippines

• Employee does not expressly request that he be paid by means of tokens or objects

What are the elements of Discovering secrets through seizure of correspondence?

• • Offender is a private individual

• • Seizes papers or letters, to discover another’s secrets

• • Reveals the contents of secrets

What are the elements of Revealing secrets with abuse of office

• Offender is a manager, employee, or servant

• Offender learns the secrets of his principal or master

• Offender reveals the secrets

What are the elements of Revelation of industry secrets

• Offender is an employee or workman in a MANUFACTURING or INDUSTRIAL establishment

• Reveals secrets, to the prejudice of the owner of the establishment

Who are exempt from criminal liability in Discovering secrets through seizure of correspondence

People entrusted with the custody of minors (parents, guardians)

What if the secrets are not revealed in Discovering secrets through seizure of correspondence

Lower penalty

In Discovering secrets through seizure of correspondence, is it necessary that the seizure is done with violence or intimidation?

No. It’ enough that it is placed in the possession or control of someone

Does the taking or possession of correspondence in Discovering secrets through seizure of correspondence have to be lasting?

It can be for a short time only

Is prejudice to the owner of the correspondence required in Discovering secrets through seizure of correspondence?

No

When is Discovering secrets through seizure of correspondence qualified?

When the secrets are revealed

Is damage necessary in Revealing secrets with abuse of office?

No

Is prejudice necessary in Revelation of industrial secrets?

Yes, to the owner

Is someone liable for Revelation of industrial secrets if they revealed the secrets after ceasing their employment?

Yes - Art. 292 does not state the time of the revelation of the industrial secrets