Article 4 Criminal Liability

Committing felony (delito)

Although wrongful act done be different from what he intended (either culpa is fault/negligence or dolo is deceit and the
consequence of such act)

Performing an act which is an offense to any persons or property (malicious means employed to commit wrongful act although it
is not constitutive of a felony bc of the inherent impossibility of accomplishment of commission or employment of inadequate or
ineffectual means ex: IMPOSSIBLE CRIME)

Naka base sa wrongful act done not the wrongful act intended ex: intention is to hurt the victim but the latter died so liable for
(murder) kahit di un ung intention niya gusto lang niya sana saktan (physical injuries)

There should be an intentional felony para maging applicable article 4 ex: nag commit suicide may nadaganan namatay din di
siya liable for the death nung nadaganan thus, di applicable ang article 4 kasi walang intentional felony it is an accident.

Not applicable ang article 4 is the act committed constitutes a culpable felony ang applicable law ay article 365 criminal
negligence. Accused shall be liable for the direct, natural and logical consequences of his culpable act. There must be an
application of proximate cause rule.

4 principles of Article 4

1.​ Error in personae / Mistake of Identity

Committing a felony to a different victim, there is mistake of identity

Ex: Juan shot and killed Berto but it turns out it was Pedro that was shot and killed. Not the person he wanted to kill because of a
mistake of identity. Juan is liable for the wrongful act done (killing Pedro) although it is different from wrongful act intended
(killing Berto)

Defense: Mistake of Fact

The intention of the accused is to commit a lawful act. Ex: Ah Chong Case where the accused believed that his life was in danger,
the intention of the accused is to lawfully exercise his right to self-defense. Accused was acquitted because of a mistake of fact
principle in relation to the justifying circumstances of self-defense.

Error in personae the mistake pertains to the identity of the victim but there is still an intention to commit an intentional felony. It
will not downgrade the crime to reckless imprudence resulting in homicide. In criminal negligence, the injury caused to another
should be unintentional, being an incident of another act performed without malice.

2.​ Aberratio ictus / Mistake of Blow

Criminal liability shall be incurred by any person committing a felony although victim against whom the wrongful act is
committed be different from the intended victim because of mistake of blow

Ex: Pedro shot and killed Juan however, Raul was hit by the bullet and died. Pedro is liable for the wrongful acts done (killing
them) although it is different from the wrongful act intended (killing Juan). It will not downgrade the crime to reckless
imprudence resulting in homicide.

3.​ Praeter intentionem

Criminal liability shall be incurred by any person committing a felony even though the wrongful act done be graver than which
he intended.
Ex: Pedro boxed Juan however Juan suffered a heart attack and died. Pedro is liable for the wrongful act done (killing juan)
although it differs from the wrongful act intended (inflicting injury on Juan)

4.​ Proximate or efficient cause rule

Efficient Cause is the working cause that produces the death of the victim. Proximate cause is that cause which in natural and
continuous sequence, unbroken by an efficient intervening cause, produces the injury, and without which the result would not
have occurred.

Impossible Crime

Criminal liability shall be incurred by any person performing an act which would be an offense against persons or property, were
it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

Even if the result of the act is not felonious because of the inherent impossibility of its accomplishment or employment of
inadequate or ineffectual means, the criminal is liable for impossible crime as long as his mind has criminal tendency.

Requisites:

1.​ Offender performing an act which would have been an offense against person or property
2.​ Offender performed an act with evil intent
3.​ Offender did not commit the offense because of the impossibility of its accomplishment or employment of inadequate
or ineffectual means
4.​ Offender in performing an act is not violating another provision of the law

Article 5 Duty of the court with acts which should be repressed but are not covered by the law, and excessive penalties

The court cannot convict the accused for a wrongful act not punishable by law. The court cannot reduce the penalty without a
basis under the law. The power to legislate, which includes the power to criminalize and to prescribe penalty belongs to Congress
not Judiciary.

Article 6 Consummated, Frustrated and Attempted felonies

A felony is consummated when all the elements necessary for its execution and accomplishment are present;

Frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but do not
produce it by reason of causes independent of the will of the perpetrator.

Attempted when the offender commences the commission of a felony directly by overt acts and does not perform all the acts of
execution which produce felony by reason of cause or accident other than his own spontaneous desistance.

Stages of Execution, rule on graduation of penalty

Consummated; Homicide - reclusion temporal 12 years and 1 day to 20 years

Frustrated Homicide - prision mayor 6 years and 1 day ro 12 years

Attempted Homicide - prision correccional 6 months and 1 day to 6 years

Development of crime - external acts (preparatory acts and acts of execution)

Preparatory acts not punishable ex: buying deadly weapon, mask, rope, and black dress to commit robbery is not punishable as
attempted robbery
However, there are some preparatory acts which by law are considered as a crime thus, guilty of consummated crime. Ex: buying
a picklock to be used for committing robbery is punishable as consummated felony of illegal possession of picklock under Article
304

Acts of Execution acts committed by the offender to or implement his criminal intention. In homicide, the acts of execution refer
to the acts committed by the offender to execute his criminal intention to kill the victim.

Three stages

1.​ Attempted Felony

Commences the commission of a felony by overt acts and does not perform all the acts of execution which should produce the
felony by reason of cause or accident other than his own spontaneous desistance.

Elements:

-​ Offender commences the commission of the felony directly by overt acts

-​ doe s not perform all the acts of execution which should produce felony
-​ Offenders act is not stopped by his own spontaneous desistance
-​ Non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance
-​ The crime, which the offender commenced to commit directly by overt acts is a grave or less grave felony or crime
against person or property

2.​ Frustrated Felony

Frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but do not
produce it by reason of causes independent of the will of the perpetrator.

Elements:

-​ The offender performs all the acts of execution

-​ All the acts performed would produce the felony as a consequence
-​ The felony is not produced
-​ The felony is not produced by reason of causes independent of the will of the perpetrator
-​ The crime which would have been produced as a consequence of the performance of all the acts of execution, must be a
grace or less grave felony, or crime against person or property

3.​ Consummated Felony

A felony is consummated when all the elements necessary for its execution and accomplishment are present;

-​ Commencement of felony directly by overt act

-​ Performance of all the acts of execution
-​ Presence of all the elements of a felony

CRIMINAL LAW REVIEWER VOLUME II

I.​ CRIMES AGAINST PROPERTY

Theft takes personal property of another without the latter’s consent with intent to gain but without violence against or
intimidation of persons or force upon things.
Personal Property: Anything tangible or intangible, corporeal or incorporeal, which is capable of appropriation and not
classified as real property, can be the object of theft. Must be capable of appropriation, need not be capable of asportation or
being carried away.

Ex: electricity cannot carry it away but capable of appropriation. Intangible property theft of e-money cyber theft

1.​ Allegation requirement - (theft or estafa) if the subject matter of the offense is generic and not identifiable (money) an
error in the designation of the offended party is fatal. If the sm is specific and identifiable (jewelry) an error in the
designation of the offended party is immaterial.

2.​ Value of the property - the value of the stolen property is not an element of theft, but is important to determine the
proper imposable penalty.

Taking of personal property if the property is tangible, taking as an element of theft is deemed complete from the moment the
offender gains possession over the thing, even if he has no opportunity to dispose of it.

In unlawful taking, it is not necessary that the property is carried away out of the physical presence of the possessor or escaped
with the stolen property. Accused shall be convicted of consummated theft even though he was apprehended by the police
officers.

1.​ Constructive possession - theft is consummated when the offender unlawfully acquires possession of the personal
property even if for a short time. Actual manual possession is not required.

2.​ Asportation, not an element of theft - to “take” in theft does not require asportation, taking away or carrying away.
Not an indispensable requisite of theft that a pickpocket should carry, more or less far away, a wallet taken from its
owner. Theft is consummated from the precise moment that the thief picked the wallet from the pocket of the victim.

Personal property can be the object of theft as long as it is capable of appropriation although it is not capable of
asportation.

3.​ Ability to freely dispose of property - not an element of theft. Ex: gaining possession of the bulky goods and placing
them inside a car in the parking area of SM consummates the crimes despite the inability to freely dispose of them for
failure to bring them out of the parking area.

Intent to gain or animus furandi intent to deprive another of their ownership or possession of personal property. Actual gain is
irrelevant as the important consideration is the intent to gain.

1.​ Mistake of fact - there is no theft where the taker believes the property is his and has a right of possession. Belief of
the accused of his ownership over the property must be honest and in good faith and not a mere sham or pretense. Can
use as a defense the belief of ownership.

2.​ Intent to appropriate - apoderamiento (appropriation) intent to appropriate is tantamount to intent to gain since the
thief will gain from the robbery.

3.​ Intent to deprive - intent to appropriate is equivalent to intent to deprive the owner of the thing since by appropriating
the property, the thief is depriving the owner of his property.

Presumption of Authorship of Theft - there should be an explanation and that explanation will prevail over the disputable
presumption of theft

Finder of Lost Property - theft is committed by any person who finds lost property but fails to deliver the same to the local
authorities or to its owner.
 1.​ Lost Property - lost dog if wala nag claim wala owner not considered as theft pero kapag may nag claim sa lost dog
considered as theft pag kineep ung nawawalang aso. The RPC does not require na alam or kilala nung nakapulot ng aso
ung owner ng dog if di nia kilala dapat sinurrender sa proper authorities.

2.​ Stolen Property - loss by stealing. Ung ninakaw nawala may nakapulot liable ung nakapulot if di binalik

3.​ Finder in Law - if may finder sinurrender lost property to a policeman, the latter is the finder of the lost property.
Liable if di niya dineliver sa may ari.

Theft and Malicious Mischief

Theft - maliciously damages the property then makes use of the fruits of the damage caused by him

Malicious Mischief - did not remove or use the fruits or object of the damage caused by him

Theft and Trespassing

Theft - enters an enclosed estate or field, hunts or fishes or gathers fruits, cereals, or other forest or farm products

Trespassing - pumasok lang

Theft of Commercial Document

1. Commercial document - checks and other commercial papers are subjects of theft.

a.​ Stealing check payable to cash - di kaniya tas ginamit niya pambayad
b.​ Stealing check payable to order - cheque ng ibang tao di niya maencash kasi di siya ung payee

2. Non-realization of Gain - stealing an unfunded check and presenting for encashment but was dishonored due to insufficiency
of funds, impossible crime of theft.

3. Realization of Gain - taking of property with intent to gain and acts committed for the realization of actual gain are parts of
commission of theft. Employment of deceit is part of commission of the theft.

Theft and Deceit

Falsification and Deceit

Using a falsified commercial document to defraud the bank constitutes a complex crime of estafa through falsification of a
document.

Theft, Falsification, and Deceit

Qualified Theft - takes personal property of another without the latter’s consent with the intent to gain and the ff:

1.​ Grave abuse of confidence - employee who has access to or material possession of his employer’s property, stole it,
there is abuse of confidence. If di binigyan employee access tas nag nakaw walang abuse of confidence kasi kaya nga
di binigyan access kasi di pinag kakatiwalaan. So dapat may access employee para masabi may abuse of confidence.

2.​ Domestic servant - qualified theft agad regardless kung may access sa property stolen and in the absence of abuse of
confidence.

3.​ On the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or
civil disturbance - nag take advantage may calamity nag nakaw pa
 4.​ Coconuts taken from the premises of a plantation or fish taken from a fishpond or fishery - stealing coconuts
when they are still on the tree or deposited on the ground within the premises of a plantation is qualified theft.

5.​ The property stolen is mail matter

Penalty of theft is higher if the property stolen is property of the National Library or of the National Museum

Theft of Intangible Property

Robbery in General - takes personal property with violence or intimidation or using force

Things - using force upon things pertains to the building or receptacle or furniture in the building. Ex: inhabited house, public
building, edifice devoted to religious worship, uninhabited house, or private building.

1.​ Inhabited house - any shelter ship or vessel constituting the dwelling of one or more persons even if the inhabitants are
temporarily absent when robbery is committed.

2.​ Public bidding - building owned by the government or private person rented by the government although temporarily
unoccupied by the same

3.​ Uninhabited house - uninhabited place when a residential house is located in a forest where the house is inhabited. If
an abandoned house is located in a subdivision, the house is uninhabited while the place is inhabited.

Inhabited pag armed high penalty is imposed. Penalty is based on the amount of property stolen and condition of the
offender. Pag uninhabited house the penalty is based on the amount of property stolen.

4.​ Habitable structure - private building, bodega or store, pero chicken coop theft lang di robbery

5.​ Special laws - motor vehicle carnapping by using force upon things

Force - enter the building to steal

1.​ A. Unlawful entry b. Forcible entry c. use of false keys or picklocks or similar tools d. Use of fictitious names or e.
Simulation of public authority (pretending to be a police officer)

2.​ Breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle or taking such
furniture or objects away to be broken or forced open outside the place of the robbery

Special complex crime involving robbery - when by reason or occasion of the robbery serious physical injuries is inflicted, or
homicide has resulted or when robbery is accompanied by rape or intentional mutilation or arson.

Homicide is committed by reason of robbery when:

a.​ Facilitate the robbery or the escape of the culprit b. To preserve the possession of the loot c. to prevent discovery of the
commission of the robbery d. To eliminate witnesses in the commission of the crime

Arbitrary detention - is committed if a police officer arrested the victim without probable cause for the purposes of
investigating him or bringing him to the proper investigating authority.

1.​ Robbery Absorbed Illegal Detention - deprivation of liberty is just incidental to the commission of robbery, crime
committed is robbery while incidental kidnapping and serious illegal detention is absorbed. Ex: Illegal detention
transport victim manila to bulacan ninakawan pinatay robbery with homicide
 2.​ Complex Crime of Robbery through Kidnapping - detention was not a matter of restraint to enable the malefactors
to escape but as a means of extortion for additional amounts.

3.​ Separate Crimes of Robbery and Kidnapping - committed robbery by band then took and detained one victim for
ransom. Liable for separate crimes of robbery by band and kidnapping for ransom.

Robbery, Direct Bribery, and Corruption of Public Officer

1.​ Voluntariness in parting the money - nag bigay bribe liable for direct bribery sa police officer liable for corruption of
public officer

2.​ Involuntariness in parting the money - threatened to be arrested even if the person did not commit any crimes and
obtained money from him that is robbery

Variance Rule and Double Jeopardy

Robbery and Kidnapping for Ransom against a Criminal Suspect

1.​ Lawful Detention - lawful arrest for committing a crime and booked as a detention prisoner the police officer who
extorted money is liable for robbery.

2.​ Unlawful Detention - unlawfully arrested for purposes of extortion or lawfully arrested but was brought to a safe
house for the purpose of extortion.

Extortion and Other Crimes

(homicide or illegal possession of drugs) Cannot extinguish or diminish culpability for the offense he committed but the officer
is liable for robbery.

Robbery and Estafa

Robbery - using violence, force or intimidation to take property

Estafa - employed deceit, cunning, fraud, or misrepresentation to obtain the property

Execution of deeds by means of violence or intimidation - compels another to sign, execute, or deliver a public instrument or
document by means of violence or intimidation with intent to defraud him. Intent is to defraud. In robbery or theft there is intent
to gain.

II. CRIMES AGAINST PERSONS

ART. 246. PARRICIDE

Any person who shall KILL his FATHER ,MOTHER and CHILD whether LEGITIMATE or ILLEGITIMATE, or any of his
ASCENDANTS, or DESCENDANTS, or his SPOUSE. Shall beguilty of Parricide and shall be punished by the penalty of
Reclusion Perpetua to death.

ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES

Any LEGALLY MARRIED person who, having SURPRISED his spouse in the act of committing sexual intercourse with
another person, shall kill any of them or both of them in the ACT or IMMEDIATELY thereafter, shall inflict upon them any
serious physical injury shall suffer the penalty of destierro.If he shall inflict upon them PHYSICAL INJURIES of any other kind
he shall be EXEMPTED from punishment.These rules shall be applicable, under the same circumstances, to parents, with respect
to their daughters under 18 years of age, and their seducer, while the daughters are living with theirparents.Any person who shall
promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other
spouse shall not be entitled to the benefits of this article.

REQUISITES OF ARTICLE 247

In order to invoke Article 247, the defense must prove the following:
1.​ That a legally married person (or a parent) surprises his spouse (or his daughters, under 18 years of age and
living with them), in the act of committingsexual intercourse with another person
2.​ That he kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or
immediately thereafter.
3.​ That he has not promoted or facilitated the prostitution of his wife or daughter or that he has not consented to
the infidelity of the other spouse.
SUMMARY OF THE PENALTIES UNDER ART247
1.​ Death is inflicted- Destierro
2.​ Serious Physical Injuries were inflicted - Destierro
3.​ Less Serious Physical Injuries - exempted
4.​ Slight Physical Injuries- exempted

ART 248. MURDER

Any person, who, not falling within the provisions of article 246, shall kill another, shall be guilty of murder and shall be
punished by reclusion perpetua to death with any of the following circumstances:
a.​ With treachery.
b.​ Taking advantage of superior strength.
c.​ With the aid of armed men.
d.​ Employing means to weaken defense.
e.​ Employing means or persons to insure or afford impunity.
f.​ In consideration of price reward or promise.
g.​ By means of inundation.
h.​ By means of fire.
i.​ By means of poison.
j.​ By means of explosion.
k.​ By means of shipwreck.
l.​ By means of stranding of a vessel.
m.​ By means of derailment or assault upon a railroad.
n.​ By means of fall of an airship.
o.​ By means of motor vehicle.
p.​ By the use of other means involving great waste and ruin.
q.​ On the occasion of any of the calamities enumerated in letter g-p.
r.​ On the occasion of an earthquake.
s.​ On the occasion of eruption of volcano.
t.​ On the occasion of destructive cyclone.
u.​ On the occasion of epidemic.
v.​ On the occasion of any other public calamity.
w.​ With evident premeditation.
x.​ With cruelty (by deliberately and inhumanly augmenting the suffering of the victim.
y.​ By outraging or scoffing at the person or corpse of a person.

ELEMENTS OF MURDER
1.​ A person was killed
2.​ The accused killed the deceased
3.​ The killing was attended by any of the qualifying circumstances, mentioned in Art 248.
4.​ The killing is not parricide, infanticide or homicide.

ART. 249. HOMICIDE

A crime committed by any person who shall kill another without the attendance of any of the qualifying circumstances mentioned
in Art 248.

ELEMENTS OF HOMICIDE
1.​ A person was killed
2.​ The accused killed the deceased
3.​ The accused had the intent to kill
4.​ The killing was not attended by any of the qualifying circumstances mentioned in Art 248.
5.​ The killing is not infanticide or parricide.

ACCIDENTAL HOMICIDE
- a homicide that results when a death of a person is brought by a lawful act performed with proper care and skill and
absence of criminal intent.

ART 25. DEATH CAUSED BY TUMULTUOUS AFFRAY

When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is
killed, and it cannot be be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical
injuries can be identified, such person or persons shall be punished by prision mayor.

WHO ARE LIABLE IN THE DEATH IN A TUMULTUOUS AFFRAY?

1.​ Person/s who inflicted serious physicalinjuries (Prision Mayor)
2.​ If not known then those who usedviolence (prision correccional mediumand maximum periods)

ARTICLE 252. PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY.

When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the
participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the
person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefore cannot be identified, all those
who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to
fifteen days.

ART. 253. GIVING ASSISTANCE TO SUICIDE

Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his
assistance to another to the extent of doing the killing himself ,he shall suffer the penalty of reclusion temporal. However, if the
suicide is not consummated, the penalty of arresto mayor in its medium andmaximum periods, shall be imposed.

ART. 254. DISCHARGE OF FIREARM

Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and
medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide,
murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.

ELEMENTS:
1.​ A person discharges a firearms against another person
2.​ The offender has no intent to kill that person

POSSIBILITIES WHEN GUN IS USED IN COMMITTING A CRIME

1.​ If shooting is with intent to kill and victim has not hit = Attempted felony
2.​ If shooting was without intent to kill and the victim did not suffer any injury = Illegal Discharge of firearm
3.​ If gun was pointed to the victim without discharging it = Grave Threats
4.​ If gun was discharge in air no injury to anyone = Alarms and scandals

ART 255. INFANTICIDEKilling of a child LESS THAN THREE(3) DAYS OLD.

 ELEMENTS:
1.​ A child is less than 3 days olds ( 72 hrs)
2.​ The accused killed said child

ART. 256. INTENTIONAL ABORTION

Committed by any person who shall intentionally cause an abortion by:
1.​ Using violence upon the person of the pregnant woman, or
2.​ Acting without the consent of the woman but without using violence;
3.​ Acting with the consent of the woman

ELEMENTS:
1.​ Violence is exerted, or any drugs or beverages be administered or the accused acts upon a pregnant woman;
2.​ As a result thereof, the fetus dies, in the womb or after having been expelledtherefrom;
3.​ The act is intended.

ART. 257. UNINTENTIONAL ABORTION

ELEMENTS:
1.​ That there is a pregnant woman
2.​ That violence is used upon such pregnant woman without intending an abortion;
3.​ That the violence is intentionally exerted; and
4.​ That as a result of the violence the fetus dies,either in the womb or after having been expelled therefrom.

III. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY (ARTICLE 267-292)

Kidnapping and Serious Illegal Detention if the victim is a minor, a female, or a public officer; automatically, it will be
kidnapping and serious illegal detention and no amount of voluntary release will mitigate the offender’s criminal liability. (more
than 3 days detention shall not apply, hours or a day is enough) Offender must be a private individual.

Q: Can a public officer commit kidnapping and serious illegal detention?

A: Yes, if the said public officer has not been vested by law with the authority to effect arrest and to detain a person then the said
public officer is acting in his private capacity. Although a public officer; since he is acting in his private capacity, the crime
committed is kidnapping and serious illegal detention under Art 267 and not arbitrary detention under Art 124. There is detention
if the offender restrains a person or the liberty of another person.

Circumstances which will make the crime serious:

1. The kidnapping or detention should have lasted for more than 3 days (Kidnapping and serious illegal detention even if it did
not last for a period of more than 3 days, the fact that the offended party is a minor, it is already kidnapping and serious illegal
detention);

2. If it is committed by simulating public authority. ▪ By pretending to be police officers, pretending to be NBI agents.
3. If any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made.

4. If the person kidnapped or detained is a minor (unless the offender is his parents); a female, or a public officer.

The absence of any of the circumstance will make the crime Slight Illegal Detention under Art 268. Note that the penalty is
reclusion perpetua to death.

Circumstances which will qualify to death penalty:

1. If the purpose of the kidnapping is to extort ransom from the victim or from any other person. RANSOM is the money, price,
or any other consideration given or demanded for the redemption of the liberty of the person who has been detained or
incarcerated.

There is no such thing as small amount in so far as ransom is concerned. SC ruled that the crime committed is kidnapping and
serious illegal detention for ransom. Even if it is only 5 centavos; if it was given in exchange for the liberty of a person who has
been detained, by whose liberty has been restricted; it is already considered as ransom.

Any amount demanded in exchange for the liberty of the person detained; that is already considered as ransom.

Kidnapping and Serious Illegal Detention with Homicide.

➢ This is a special complex crime. Therefore, since it is a special complex crime; regardless of the number of victims killed; it is
still kidnapping and serious illegal detention with homicide.

Note however that it is required that the victim himself is the one who has been killed. If it is another person; it will result to a
separate and distinct crime because the law is particular that the person detained/ kidnapped must be the one who is killed
or died as a consequence thereof.

SPECIAL COMPLEX CRIME

Q: X abducted Y to extort ransom from the parents of Y. X brought Y to a secret place but when Y attempted
to escape, X shot Y, the young boy and he died. What crime/crimes committed by X?

A: The obvious intent of X is to detain Y in order to extort money from the parents, therefore the crime committed is
Kidnapping and Serious Illegal Detention with Ransom. But in the course of the said detention, the victim is killed, so we
have the special complex crime of Kidnapping and Serious Illegal Detention for Ransom with Homicide.

Q: What if both the father and son were shot by A? What crime/crimes is/are committed?

A: Insofar as the child is concerned, the intent is to extort ransom, therefor the crime committed is Kidnapping and Serious Illegal
Detention for Ransom but in the course thereof, he killed the child so the crime is Kidnapping and Serious Illegal Detention for
Ransom with Homicide. As far as the father is concerned, the father is not the victim of the kidnapping, therefore, the killing of
the father would constitute a separate and distinct charge of homicide.

Kidnapping and Serious Illegal Detention with Rape

➢ It is necessary that the victim is the one who has been raped.
➢ Again; since this is a special complex crime; regardless of the times that the victim has been raped. The crime committed is
only kidnapping and serious illegal detention with rape. There is no kidnapping and serious illegal detention with multiple rape.

DIFFERENT FROM RAPE WITH HOMICIDE AND ATTEMPTED RAPE WITH HOMICIDE;

HOW In case of rape with homicide or attempted rape with homicide, even if the victim of the homicide is the rape victim herself
or any other person for as long as the killing took place on occasion of the rape, it is rape with homicide.

The victim of the homicide need not be the victim of the rape. In case of kidnapping and serious illegal detention with
homicide or kidnapping and serious illegal detention with rape, for this special complex crime to arise, the law requires
that the victim of the kidnapping must be the very victim of the homicide, otherwise, it will give rise to a separate and distinct
charge.

Because the law say if the victim is killed or dies or if the victim is raped. In order for kidnapping and serious illegal detention to
amount to with rape, murder, with homicide with physical injuries; it is necessary that there is an intent to detain and in the
course of the said detention, the victim dies, raped, subjected to torture or other dehumanizing acts.

ARTICLE 268 – SLIGHT ILLEGAL DETENTION

ELEMENTS:
1. The offender is a private individual
2. That he kidnaps or detains another or in any other manner deprived him of his liberty
3. Kidnapping is not attended by any of the circumstances in Article 267.

Q: What if A was so envious of his neighbor. To teach the neighbor a lesson, he kidnapped and detained the said neighbor
and placed the said neighbor in a secluded place in a vacant area one morning. However, later on, A felt sorry for his
neighbor and he released his neighbor that night. What is the effect in the criminal liability of the offender A?

A: Under Art 268 (Slight Illegal Detention); if the offended party has been released. Such release will be considered as a
privileged mitigating circumstance because from the penalty of reclusion temporal, the penalty would be lowered by one degree
that is prision mayor.

Voluntary release of the victim may only be considered as a privileged mitigating circumstance the following requisites
must concur:
1. It is necessary the release has been made within 3 days from the commencement of the said kidnapping.
2. It must have been made without the offender having attained or accomplished his purpose.
3. It must have been made before the institution of the criminal proceedings against the said offender.

ARTICLE 269 – UNLAWFUL ARREST

➢ Unlawful arrest is committed by any person who shall arrest or detain another without authority by law or without
reasonable ground therefor and his main purpose is to deliver him to the proper authorities.
➢ The purpose is: to deliver him to the proper authorities.
➢ If the offender is a public officer, you have to know the intent of the offender. If the intent is to detain – arbitrary detention. If
the intent is to deliver him to the authorities, to file a case against him without legal ground – the crime is unlawful arrest.

QUESTION: A was walking when suddenly he was arrested by B, a police officer. The police officer said that a case has to be
filed against him. The arrest was made without warrant of arrest. A was not caught committing a crime in flagrante delicto and
not also an escapee but he was incarcerated. Thereafter a case has been filed against him however since there was no
complainant, the fiscal dismissed the case for lack of probable cause. What crime is committed by the police officer?

A: The crime committed is unlawful arrest.

Q: What about the fact that he has been detained arbitrarily?

A: It is already absorbed because the intention of the said police officer is to file a case against him that is; to deliver him to
the proper authorities. Therefore, the arbitrary detention is merely incidental in the said act of unlawful arrest.

ARTICLE 270 – KIDNAPPING AND FAILURE TO RETURN A MINOR DELIBERATE FAILURE

➢ Kidnapping and failure to return a minor is committed by: any person who had been entrusted with the custody of a minor
who shall deliberately fail to restore the said minor to his parents or guardians. What is being punished is the deliberate failure to
restore the minor to his parents or guardians.

Q: Who is the offender?

A: The offender is the person entrusted with the custody of a minor.

Q: When will the crime arise?

A: The crime will arise if the offender shall deliberately fail to restore the said minor to his parents or guardians.

Q: What if A and B has a child and they entrusted the child to X as they will be going for a vacation for a week. They told
X to deliver the child to them after 7 days. A week after, the husband and wife arrived home but X failed to deliver the
said child. The reason of X was he was so busy with his work that he forgot that it was already the 7th day from the time
that he has been entrusted with the child. Can he be held liable under Art 270?

A: No because he did not deliberately fail to restore the said minor to his parents or guardians. The law requires deliberate failure.
Here, he only failed because of negligence or just because he was so busy.

ARTICLE 271 – INDUCING A MINOR TO ABANDON HIS HOME

➢ It is committed by: any person who induces a minor to leave the home of his parents, guardians, or person entrusted with the
custody of the said minor.
➢ The crime will arise even if the child has not left the house of the parents or guardians. Mere inducement with
intent to cause damage will suffice.

QUESTION: A and B husband and wife’s marriage has been declared a nullity by the court and the custody of their 5 yr old
child has been given definitely to the mother. However, the father has been given visiting rights. One Sunday, the father visited
the 5 yr old son and the son was brought out by the father. Usually, whenever the father takes his son out; he will return
the child by night time. However, this time, the father did not bring back the child to the house of the mother and so the mother
demanded the return of her son but the father still failed to return their child therefore the mother filed a case of Kidnapping and
failure to return a minor under Art 270 against the father. Will the case prosper?

A: Yes the case will prosper. Under Art 271 it is provided that Art 270 and 271 can also be committed not only by strangers but
also by the father or the mother. The only difference is that under Art 270; if the offender is any other person the penalty is
reclusion perpetua. But if the offender is the father or the mother, note that the penalty is so low; only arresto mayor or a fine of
not more than P300 or both fine and penalty depending upon the discretion of the court therefore, even the father or the mother
can be held liable under Articles 270 and 271. The only difference is their respective penalties.

IN ARTICLES 270 AND 271, the crime may be committed by the parents of the minors. If it is the parent, the penalty is only
arresto mayor.

ARTICLE 272 – SLAVERY

ELEMENTS:
1. The offender purchases, sells, kidnaps or detains a human being.
2. The purpose of the offender is to enslave such human being.

➢ It is committed by: Any person who shall buy, sells, kidnaps or detains a person for the purpose of enslaving the said person.
➢ If the purpose is to engage in immoral x; then the penalty will be qualified.

ARTICLE 273 – EXPLOITATION OF CHILD LABOR

ELEMENTS:
1. Offender retains a minor in his service.
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.

➢ It is committed by: Any person who shall detain a child in his service against the will of the child under the pretext of
reimbursing a debt incurred by the parents, ascendants, guardian or any person entrusted with the custody of the child.

ARTICLE 274 – SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

ELEMENTS:
1. Offender compels a debtor to work for him, either as household servant or farm laborer.
2. It is against the debtor’s will.
3. The purpose is to require or enforce the payment of a debt.
➢ It is committed by: a creditor to shall compel a debtor to work for him as a household servant or a farm laborer against the will
of the said debtor inorder to require or enforce the payment of a debt.

ARTICLE 275 – ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONES OWN VICTIM

ACTS PUNISHED:
I.​ Failing to render assistance to any person whom the offender found 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:
1. The person wounded or dying is found in an uninhabited place
2. The giving of help would not be detrimental to himself
3. He failed to render help

II.​ Failing to render help or assistance to another whom the offender has accidentally wounded or injured.

III.​ Failing o deliver a child under 7 years of age whom the offender has found abandoned, to the authorities or to his
family, or failing to take him to a safe place.

Q: A saw B at Luneta Park. He was wounded and bitten by a dog and he was crying for help. However, A, instead of
helping B left. Is A liable under Art 275?

A: No because the place is not an uninhabited place. Luneta Park is a public place. People come and go there. Therefore, A is not
liable under Art 275 despite the fact that B is wounded and dying.

Uninhabited Place
➢ One wherein there’s a remote possibility for the victim to receive some help.

QEUSTION: What if in the same problem, A found B in a forest? So A went hunting in a forest when he suddenly saw B in the
middle of the forest. There was this big trunk of tree on the neck of B and he cannot move. He was begging for the help of A. A
however left. Later, B was rescued. Can he file a case in violation of Art 275 against A?

A: Yes, because B was found by A in an uninhabited place and he was wounded and in danger of dying because there’s a big
trunk of tree on his neck and there’s no detriment on the part of A to render assistance but he failed to render assistance therefore
A may be held liable for violation of Art 275.

QUESTION: But what if when A found B and he was bitten by a snake and the snake was still there. B was asking for help
however A did not give help because there’s a snake. He’s afraid that he might get bitten by the snake too. Can A be held liable
under Art 275?

A: No because helping B will be detrimental on his part.

Q: What if A was driving his vehicle when suddenly his car tripped on a stone so the stone flew and hit an eye of a
bystander. The left eye bled. Is A liable?

A: No because it is purely accidental; it is an exempting circumstance. He was performing an act with due care and accident
happened without fault or negligence on his part.

QUESTION: What if when the left eye of the bystander bled; A saw him and he knows that the bystander is his victim.
However, instead of bringing the bystander to the hospital; he increased his speed and left. Is A criminally liable this time?
A: Yes. For the first act he is not liable because it is purely accidental but when he failed to render help or assistance to his own
victim. This time, he is criminally liable under Art 275.

ARTICLE 276 – ABANDONING A MINOR

ELEMENTS:
1. Offender has the custody of the child.
2. Child is under 7 years of age.
3. He abandons such child.
4. He has no intent to kill the child when the latter is abandoned.

➢ Abandoning a minor is committed by any person who has been entrusted with the custody of a child under 7 years of age and
he abandons the said child permanently, deliberately, and consciously with no intent to kill the said child.
➢ The penalty will be qualified if death resulted from the said abandonment or when the safety of the child has been placed in
danger.
Q: A woman; an OFW worker who left her newly born child inside a garbage bin of an aircraft/airplane and later she has
been arrested. What crime is committed by the said mother?

A: The crime committed is Abandoning a Minor under Art. 276. The mother is in custody of the child and she deliberately or and
consciously abandoned her child without the intent to kill. Obviously, there was no intent to kill because she could have killed the
said child instead she placed her child inside a garbage can in the restroom of an aircraft so there was no intent to kill
therefore the crime committed is Abandoning a Minor under Art. 276.

ARTICLE 277 – ABANDONMENT OF MINOR BY A PERSON ENTRUSTED WITH HIS CUSTODY;

INDIFFERENCE OF PARENTS

ACTS PUNISHED:
I.​ ABANDONMENT OF A CHILD BY A PERSON ENTRUSTED WITH HIS CUSTODY.
➢ It is committed by: any person who, having entrusted with the living and education of a minor shall deliver a minor
to a public institution or other persons without the consent of the person who entrusted such minor to the care of the
offender or, in his absence, without the consent of the proper authorities.
II.​ INDIFFERENCE OF PARENTS
➢ It is committed by: any parent who neglects any of his children by not giving them the education which their station
in life requires and financial capability permits.

QUESTION: H and W, husband and wife, got separated. The husband would not give any support to their child. Later, became
sick and lost her job. She now has no means to provide for the child so she asked H who is very rich to give support but H
refused. What case or cases may W file against H?

A: W may file a case for Article 277 – Indifference of Parents. Also, W may file a case for violation of RA 9262 – According to
del Socorro v. Val Wilsem, unjustified failure to give support is a criminal act.

ARTICLE 278 – EXPLOITATION OF A CHILD

ACTS PUNISHED:
I.​ Causing any boy or girl under 16 to engage in any dangerous feat of balancing, physical strength or contortion, the
offender being any person.
II.​ 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 any of said callings.
III.​ Employing any descendants under 12 years of age in dangerous exhibitions enumerated on the next preceding
paragraph, the offender being engaged in any of the said callings.
 IV.​ Delivering a child under 16 years of age gratuitously to any person if any of the callings enumerated in paragraph 2, or
to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher, or a person entrusted in any
capacity with the care if such child.
V.​ Including any child under 16 years of age to abandon the home of its ascendants, guardians, curators or teachers to
follow any person entrusted in any of the callings mentioned in paragraph 2 or to accompany any habitual vagrant or
beggar, the offender being any person.

➢ These acts are considered as exploitation of minors because these acts endanger the life and safety, the growth and
development of the minors. (usually these involves circus) Note: If the delivery of the said child is on the basis of a
consideration, compensation or money, the penalty will be QUALIFIED.
➢ Mere act of delivering the child gratuitously under 16 years of age; the crime is already committed.
➢ The fact that it is with consideration; the penalty will be qualified.

ARTICLE 280 – QUALIFIED TRESSPASS TO DWELLING

➢ It is committed by: a private individual who shall enter the dwelling of another against the will of the latter.

ELEMENTS:
1. Offender is a private individual
➢ It is committed by a private individual because if it is a public officer acting under a color of authority, then the crime is under
Art 128 which is: Violation of Domicile.
2. He enters the dwelling of another
3. Such entrance is against the will of the latter.
➢ As discussed under Art. 128; when the law says against the will, there must be a prohibition or opposition from entering
whether express or implied.
➢ Mere entry without consent will not bring about QUALIFIED TRESSPASS TO DWELLING.
➢ If the door is opened therefore it means that anyone could enter even without the consent of the owner and the moment he
enters he is not liable for qualified trespass to dwelling because there is no prohibition or opposition from entering.
➢ It is necessary that there is an opposition or prohibition from entering. It can be expressed prohibition (e.g. A note which
states: “Do Not Enter” or the door was closed and a person knocked so the owner got up and opened the door but upon seeing the
person he immediately closed the door) or implied prohibition (e.g. Door is closed even if it is not locked).

WHEN A PERSON IS ALLOWED TO ENTER A DWELLING (HE WILL NOT BE LIABLE FOR TRESSPASS TO
DWELLING):
1. When the offender enters a dwelling of another for the purpose of preventing some serious harm for himself or any other
occupant of the dwelling or any other person
2. When the offender enters the dwelling to render some service to humanity or to justice
3. When the place is entered to is a tavern or an inn and the public places are open at the time of entering.

ARTICLE 281 – OTHER FORMS OF TRESSPASS TO DWELLING (TRESSPASS TO PROPERTY)

ELEMENTS:
1. Offender enters the closed premises or the fenced estate of another.
2. Entrance is made while wither of them is uninhabited.
3. Prohibition to enter is manifest yet offender enters.
4. Trespasser has not secured the permission of the owner or the caretaker thereof.

QUESTION: Let’s say there are these town houses. In one of the town houses, town house A; there’s no person living at the
moment and there was this sign: FOR RENT/ FOR LEASE. X entered the said town house. What crime is committed by X? Is it
qualified trespass to dwelling or is it trespass to property?

A: It is trespass to property because it is closed premises which is uninhabited at the time of the entering and he entered without
first securing the permission of the owner/care taker.
QUESTION: What if there is this house which is occupied by husband A and B. Husband A and B went for a vacation for a
month. So for a month, there is no person in the said place. X learned that there is no person in the said place. He entered the said
place. What crime is committed? Is it qualified trespass to dwelling or trespass to property?

A: The crime committed is Qualified Trespass to Dwelling. The said place is a residential place and there is someone who is
occupying it even if at the moment there are no people because the said husband A and B are on vacations, it is still considered as
an inhabited place. Therefore, the moment anyone enters, the crime committed is trespass to dwelling and not trespass to
property.

ARTICLE 282 – GRAVE THREATS

PUNISHABLE ACTS:
I.​ Threatening another with the infliction upon his person, honor or property or that of his 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.
II.​ By making such threat with the infliction upon his person, honor or property or that of his family of any wrong
amounting to a crime and demanding money or imposing any other condition even though not unlawful and without the
offender attaining his purpose. (Elements for this act are the same with the first except that the purpose is not attained.)
III.​ By threatening another with the infliction upon his person, honor or 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 any demand of money or imposition of
any condition.

ARTICLE 283 – LIGHT THREATS

Light threats is committed if a person threatens another with the commission of any wrong which does not amount to a crime.
But it always subject to a demand of money or the imposition of any other condition even though not unlawful.

ARTICLE 284 – BOND FOR GOOD BEHAVIOR

“In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail not to
molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.”

ARTICLE 285 – OTHER LIGHT THREATS

- Orally, in the heat of anger, he threatened another with a harm constituting a crime, but he did not pursue with the idea in his
threat. It is only other light threats.

ACTS PUNISHED:
I.​ Threatening another with a weapon or by drawing such weapon in a quarrel, unless it be in lawful self-defense. Here,
the weapon must not be discharged.
II.​ Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea
involved in his threat.
III.​ Any threat made in a jest or in the heat of anger constitutes light threat only.
IV.​ Orally threatening to do another any harm not constituting a felony. So whether it be grave threats, light threats or other
light threats, the essence of threats is INTIMIDATION. It is a promise of a future wrong, a promise of a future harm.
Not now, but in the future. So, since it is a promise of a future wrong, threats may be committed either personally or
orally or it can also be committed in writing or through an intermediary. If threats are committed through writing or
through an intermediary, the penalty is qualified. and B are on vacations, it is still considered as an inhabited place.
Therefore, the moment anyone enters, the crime committed is trespass to dwelling and not trespass to property.

GRAVE THREATS
- The wrong threatened to be committed always amount to a crime.
- May or may not be coupled with a demand of money or an imposition of any condition.
LIGHT THREATS
- The wrong threatened to be committed does not amount to a crime.
- Always coupled with a demand of money or an imposition of any other condition, even though lawful.

OTHER LIGHT THREATS

- Threatening another by means of a weapon; or Threatening another to commit a wrong amounting to a crime BUT it is done in
the heat of anger and orally without the offender persisting in the idea involved in the crime; or By threatening another orally to
do another harm not constituting a crime.

THE ESSENCE OF THEREATS IS ALWAYS BE INTIMIDATION

➢ Essence of threat: promise of a future wrong, a promise of a future harm. Not now, not personal but in the future. ➢ Since it
is a promise of a future wrong; threats may be committed either personally or orally or it can also be committed in writing or
through an intermediary or a third person.
➢ If threats are committed through writing or through an intermediary or a third person; the penalty is qualified.

QUESTION: So what if A went to the store and then from the said store he learned that B had been spreading negative rumors
against him. And so A was so mad, he was so angry that he went to the house of B and he called on B: “B get out of the house! I
will kill you! I will kill you! Get out of the house B!” But B did not get out of the house. Instead, it was the son of B who came
out of the house and said: “What do you want with my father?” A angrily said that, “You let your father come out or I will kill
him because he has been spreading negative rumors about me.” The son went inside the house and did not come back. The father
also did not come out of the house. And so later, A just left the house. What crime is committed by A? Is it grave threats, light
threats or is it other light threats?

A: The crime committed is under Article 285 – OTHER LIGHT THREATS. Orally, in the heat of anger, he threatened another
with a harm constituting a crime, but he did not pursue with the idea in his threat. It is only other light threats.

QUESTION: What if, let us say, A saw that B has a new car. It was a luxury car. He knew that it was smuggled and so he told B:
“B, if you will not give me P500,000, I will call the Bureau of Customs, I will tell Commissioner Biazon right now that your car
is smuggled.” What crime if any is committed by A against B?

A: It is LIGHT THREATS. He threatened to commit a wrong which does not constitute a crime. It is not a crime to inform the
Bureau of Customs that the car was smuggled and it is subject to a demand of money and the imposition of any other condition
even though not unlawful.

QUESTION: What if A, who is the creditor of B, was inside the house of B. He was asking B to pay his indebtedness. B said:
“Get out of my house. If I still see you in the afternoon when I get back inside my house and if you are still here, I will kill you.”
What crime is committed?

A: In this instance where B told A: “Get out of my house. If I still see you in the afternoon when I get back inside my house and
if you are still here, I will kill you.” The crime committed is GRAVE THREATS. There is a promise of a future wrong to be
committed in the afternoon if A is still there in the house.

QUESTION: What if in the same problem, A was asking B to pay his indebtedness. B said: “Get out of my house! Otherwise, I
will kill you.” What crime is committed?

A: The crime committed is GRAVE COERCION. The threat is present, direct, personal, immediate, and imminent. Not in the
future, but now direct, personal and immediate. Note that in case of threats made while committing physical injuries, threats are
absorbed.

ARTICLE 286 – GRAVE COERCIONS

2 way of committing grave coercion:

I.​ PREVENTIVE COERCION – if a person prevents another, by means of violence, threat or intimidation, from doing
something not prohibited by law.
 II.​ COMPULSIVE COERCION – if a person compels another, by means of violence, threat or intimidation, to do
something against his will, whether it be right or wrong, whether it be prohibited or not by law.

QUESTION: What if, the offender prevents someone from doing something which is prohibited by law? So let us say A, wanted
to enter the house of B, against the will of B. X saw A wanting to enter the house of B against the will of B. X prevented A. A in
his act of wanting to enter the house of B, is an act prohibited by law, so X prevented A from doing so. However, A still pursued
with the act of entering and so what X did in order to prevent him is that X boxed A resulting in his injury of slight physical
injuries. What crime is committed by X?

A: It is not grave coercion. Because X is preventing A by means of violence and intimidation, not from doing something which is
prohibited by law but from doing something which is prohibited by law. Therefore, it is not grave coercion. The crime committed
is SLIGHT PHYSICAL INJURIES. In case of grave coercion, it is necessary that the offender compels another to do something
against his will, regardless of whether it be right or wrong, regardless of whether it is allowed or prohibited by law. The fact is a
person cannot put the law in his hands and prevent someone from doing something so long as it is against his will. So in case of
grave coercion, if the essence of threats is intimidation or a promise of a future wrong, a promise of a future injury, the injury or
threat is present, direct, personal, immediate and imminent. It is NOW. That is why, grave coercion cannot be committed in
writing or through an intermediary because it is always personal. Hence, it is about to take place imminent and immediate.

THREAT
- The wrong threatened to be committed is in the future. May be committed in writing or through an intermediary. The essence of
threat is intimidation.

COERCION
- The wrong threatened to be committed is direct, personal, immediate and imminent. Cannot be committed in writing or through
intermediary. It is violence or intimidation amounting serious enough to amount to violence. Penalty is qualified when: The
coercion has something to do with the offended party’s right to suffrage or exercise of religion.

ARTICLE 287 – LIGHT COERCION

- It is committed by a creditor who shall seize anything belonging to his debtor by means of violence or intimidation in order to
apply the same to the indebtedness. There is one form of light coercion under Article 287, that is UNJUST VEXATION. It is a
form of light coercion.

UNJUST VEXATION
- Refers to any human conduct, which although not capable of producing any material harm or injury, annoys, vexes, or irritates
an innocent person.

Example in Book I: a person walking and hit with a lead pipe on the head.
CASE OF BALEROS, JR.: There was a UST medical student. There was a cloth soaked with chemical pressed on her face. So
there was this man, she was awakened with a man on top of her placing a cloth soaked with chemical pressed on her face. The
charge was attempted rape. Supreme Court said it was just UNJUST VEXATION – nang-iinis lang daw yung lalaking yun. So,
Supreme Court said it is a human conduct which annoys or vexes the said female medical student.

ARTICLE 288 – OTHER SIMILAR COERCIONS; (COMPULSORY PURCHASE OF MERCHANDISE AND

PAYMENT OF WAGES BY MEANS OF TOKENS)

- Other light coercion is committed by forcing or compelling directly or indirectly or knowingly permitting the forcing or
compelling any employee or laborer to buy merchandise or commodities from the said employer. And lastly, by paying the wages
due to the laborer or employees by any tokens or object other than the legal tender currency of the Philippines unless to be
requested by the said employee or laborer. So it is more on LABOR – other light coercion.

QUESTION: What if a person, A threatened to kill B. and so B filed a case of grave threats against A. The case was filed before
the court. Upon the filing of the court, what bail, if any, should the court impose on A in order to insure that A will not make
good the said threat?
A: Under Article 284, we have BOND FOR GOOD BEHAVIOR. Bond for good behavior is a bail which is required by the court
to be posted by any accused only in the crimes of grave threats and other light threats. In the crimes of grave threats or other light
threats, the court would allow or would require an accused to file or to post a bond for good behavior in order to ensure that he
will not make good the said threat. If the said accused failed to pay or post the said bond for good behavior, then the penalty hat
would be imposed is destierro in order to ensure that he will not make good the said threat.

ARTICLE 290 – DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE

- We have seizure of correspondence in order to discover the secrets of another. This is committed by any person who shall seize
any correspondence of another in order to discover the secret of any person.

NOTE: In case of seizure of correspondence in order to discover the secrets of another, DAMAGE is not element. Likewise,
REVELATION is not an element. The mere act of seizing the correspondence of another with the intention to discover the
secrets, the crime is already consummated. It is not necessary that the secret be revealed, it is not necessary that there be damage
on the part of the offended party.

ARTICLE 291 – REVEALING SECRETS WITH THE ABUSE OF OFFICE

- This is committed by a manager or by an employee or by a servant who reveals the secrets of his principal or master learned by
him in such capacity. It is the REVELATION OF SECRETS which will consummate the crime, not merely discovery but
revelation of the said secrets. Again, damage is not an element. It is not necessary that the offended party be prejudiced or
damaged.

ARTICLE 292 – REVELATION OF INDUSTRIAL SECRETS

- This is committed by any person in charge, employee or workman of a manufacturing or industrial establishment who shall
learn and discover the secrets of the industry and shall reveal the same to the prejudice of the owner thereof. In case of revelation
of industrial secrets, mere revelation of those secrets will not suffice.
- There must be DAMAGE OR PREJUDICE CAUSED TO THE OFFENDED PARTY. The law requires to the prejudice of the
owner thereof. RA 4200 – Anti Wire Tapping Law What is foremost prohibited is the act of tapping, recording or intercepting
any private communication or spoken word without the consent of all the parties. Without being authorized by all the parties to
the said private communication or spoken word.

QUESTION: So what if A told B to come inside his room and when B entered the room, A started scolding B. In scolding B, A
said scandalous remarks against B. Unknown to A, B was tape recording the private conversation between them. Can B later use
the said tape recording in order to file a case of defamation or slander against A?

A: NO. Because the said act of tape recording without being authorized by all the parties to a private communication or spoken
word is inadmissible in any judicial, quasi-judicial, legislative or administrative proceedings or investigation.

The ONLY EXCEPTION is when a police officer or peace officer is authorized by written order of the court to listen to, intercept
or record any communication in crimes involving treason, espionage, inciting to war or giving motives for reprisals, piracy,
mutiny, rebellion, conspiracy and proposal to commit rebellion, sedition, conspiracy to commit sedition and kidnapping. Only in
these instances and provided that the said peace officer is authorized by a written order coming from the court may he be allowed
to intercept, listen to or record the private communication or spoken word.

BAR: TELEPHONE EXTENSION

➢ As held by Gaanan v. People, the one listening, Y, is not liable for violation of RA 4200. The extension line of a telephone is
not within the meaning of a tape recording device and therefore, even if Y can overhear secretly the conversation, RA 4200 is not
violated

IV. CRIMES AGAINST CHASTITY

A. ELEMENTS OF ADULTERY: (333)

 1.​ That the woman is married (even if marriage subsequently declared void)
2.​ That she has sexual intercourse with a man not her husband.
3.​ That as regards the man with whom she has sexual intercourses, he must know her to be married.

Notes:

Mitigated: if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating
circumstance)

Attempted: caught disrobing a lover

B. ELEMENTS OF CONCUBINAGE: (334)

1.​ That the man must be married.

2.​ That he committed any of the following acts:
a.​ Keeping a mistress in the conjugal dwelling.
b.​ Having sexual intercourse under scandalous circumstances with a woman who is not his wife.
c.​ Cohabiting with her in any other place.
d.​ That as regards the woman she must know him to be married.

Note: “Scandal” consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the
feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin

C. ELEMENTS OF RAPE (335)

When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following
circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next
preceding paragraphs shall be present.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.

When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be
likewise death.

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (As amended by R.A. 2632,
approved June 18, 1960, and R.A. 4111, approved June 20, 1964).

D. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)

1.​ That the offender commits any act of lasciviousness or lewdness.

2.​ That it is done under any of the following circumstances:
a.​ by using force or intimidation, or
 b.​ when the offended party is deprived of reason or otherwise unconscious, or
c.​ when the offended party is under 12 years of age.
3. That the offended party is another person of either sex.

E. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)

Two classes of qualified seduction:

1.​ Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest,
teachers etc and
2.​ Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous
seduction)

Elements:

1.​ That the offended party is a virgin, which is (presumed if she unmarried and of good reputation.)
2.​ That she must be over 12 and under 18 years of age.
3.​ That the offender has sexual intercourse with her.
4.​ That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education
or custody of victim; person in public authority, priest; servant)

Persons liable:
1.​ Those who abuse their authority:
a.​ persons in public authority
b.​ guardian
c.​ teacher
d.​ person who, in any capacity, is entrusted with the education or custody of the woman seduced
2. Those who abused the confidence reposed in them:
a.​ priest
b.​ house servant
c.​ domestic
3. Those who abused their relationship:
a.​ brother who seduced his sister
b.​ ascendant who seduced his descendant

F. ELEMENTS OF SIMPLE SEDUCTION: (338)

1.​ That the offended party is over 12 and under 18 years of age.
2.​ That she must be of good reputation, single or widow.
3.​ That the offender has sexual intercourse with her.
4.​ That it is committed by means of deceit.

Note: common form is unconditional promise to marry

G. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339)

1.​ That the offender commits acts of lasciviousness or lewdness.

2.​ That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age
but over 12 years, or a sister or descendant regardless of her reputation or age.
3.​ That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

H. ELEMENTS OF CORRUPTION OF MINORS: (340)

Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another.
I. ELEMENTS OF WHITE SLAVE TRADE: (341)

Acts penalized

1. Engaging in the business of prostitution

2. Profiting by prostitution

3. Enlisting the servicxe of women for the purpose of prostitution

J. ELEMENTS OF FORCIBLE ABDUCTION: (342)

1.​ That the person abducted is any woman, regardless of her age, civil status, or reputation.
2.​ That the abduction is against her will.
3.​ That the abduction is with lewd designs.

Note: Sexual intercourse is NOT necessary

Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of
sister/descendant, forcible abduction.

K. ELEMENTS OF CONSENTED ABDUCTION: (343)

1.​ That the offended party must be a virgin.

2.​ That she must be over 12 and under 18 years of age.
3.​ That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender.
4.​ That the taking away of the offended party must be with lewd designs.
L. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF
LASCIVIOUSNESS (344)

Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse

Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by:
a.​ offended party
b.​ by her parents
c.​ grandparents
d.​ guardians in the order in which they are named above

Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed
upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does
not apply in case of multiple rape.

M. Civil liability of persons guilty of rape, seduction or abduction (345)

1.​ To indemnify the offended women

2.​ To acknowledge the offspring, unless the law should prevent him from doing so
3.​ In every case to support the offspring

N. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY

WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)

Article 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party. – The
ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationships, shall cooperate
as accomplices in the perpetration of the crimes embraced in chapters, second, third and fourth, of this title, shall be punished as
principals.

Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty
of temporary special disqualification in its maximum period to perpetual special disqualification.

Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another,
shall be punished by special disqualification from filling the office of guardian.