TITLE X: CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
Art. 267. Kidnapping and Serious Illegal Detention
1. Private individual who is not a parent of the
victim or a female;
2. He kidnaps or detains another, or in any other
manner deprives the latter of his liberty;
3. The act of detention or kidnappin must be
illeal;
!. "n the commission of the offense, any of the ff.
is present#
a. $%&' TH() three days;
b. *ommitted simulatin public authority;
c. (ny +'&"%,+ physical in-uries are
inflicted or threats are made upon the
victim;
d. The victim is a minor, female or public
officer.
Qualifying:
1. "f the purpose is to e.tort ransom
2. /hen the victim is killed or dies as a
conse0uence of the detention
3. /hen the victim is raped
!. /hen the victim is sub-ected to torture or
dehumani1in acts.
Art. 268. Slight Illegal Detention
1. Private individual;
2. He kidnaps or detains another, or in any
manner deprives him of his liberty;
3. The act of kidnappin or detention is illeal;
!. The crime is committed without the attendance
of any of the circumstances enumerated in (rt.
223.
Mitigating:
1. %ffender voluntarily releases the person so
kidnapped or detain within three days from the
commencement of the detention;
2. /ithout havin attained the purposed
intended; and
3. 4efore the institution of criminal proceedins
aainst him.
The same penalty of reclusion temporal shall be
incurred by anyone who shall furnish the place for the
perpetration of the crime.
Art. 269. Unlawful Arrest
1. The offender arrests or detains another
person;
2. His purpose is to deliver him to the proper
authorities; and
3. The arrest or detention is unauthori1ed by law
or there is no reasonable round therefor.
Art. 270. Kidnapping and Failure to eturn a !inor
1. The offender is entrusted with the custody of a
minor person; and
2. He deliberately fails to restore the said minor
to his parents or uardian.
Art. 27". Indu#ing a !inor to A$andon %is %o&e
1. ( minor is livin in the home of his parents or
uardian or the person entrusted with his
custody; and
2. The offender induces said minor to abandon
such home.
Art. 272. Sla'er(
1. The offender purchases, sells, kidnaps or
detains a human bein; and
2. His purpose is to enslave such human bein.
Art. 27). *+ploitation of ,hild -a$or
1. The offender retains a minor in his service;
2. "t is aainst the will of the minor; and
3. "t is under prete.t of reimbursin himself of a
debt incurred by an ascendant, uardian or
person entrusted with the custody of such
minor.
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Art. 27.. Ser'i#es endered under ,o&pulsion in
/a(&ent of De$t
1. The offender compels a debtor to work for
him, either as household servant or farm
laborer;
2. "t is aainst the debtor6s will; and
3. The purpose is to re0uire or enforce the
payment of a debt.
Art. 270. A$andon&ent of /erson in Danger and
A$andon&ent of 1ne2s 1wn 3i#ti&
17 a. The place is uninhabited;
b. The offender found there a person wounded
or in daner of dyin.
c. He can render assistance without detriment
to himself; and
d. He fails to render assistance.
27 8ailin to help or render assistance to another
whom the offender has accidentally wounded
or in-ured.
37 8ailin to deliver a child under 13 years of ae
whom the offender has found abandoned, to
the authorities or to his family, or by failin to
take him to a safe place.
Art. 276. A$andoning a !inor
1. The offender has the custody of a child;
2. The child is under 3 years of ae;
3. He abandons such child; and
!. He has no intent to kill the child when the latter
is abandoned.
Art. 277. A$andon&ent of !inor *ntrusted with %is
,ustod(4 Indifferen#e of /arents
Abandonment:
1. The offender has chare of the rearin or
education of a minor;
2. He delivers said minor to a public institution or
other persons; and
3. The one who entrusted such child to the
offender has not consented to such act, or if
the one who entrusted such child to the
offender is absent, the proper authorities have
not consented to it.
Indifference of Parents:
1. Parent;
2. He nelects his children by not ivin them
education; and
3. His station in life re0uires such education and
his financial condition permits it.
Article 278. *+ploitation of &inors
1. (ny person who shall cause any boy or irl
under si.teen years of ae to perform any
danerous feat of balancin, physical strenth, or
contortion.
2. (ny person who, bein an acrobat, ymnast,
rope9walker, diver, wild9animal tamer or circus
manaer or enaed in a similar callin, shall
employ in e.hibitions of these kinds children under
si.teen years of ae who are not his children or
descendants.
3. (ny person enaed in any of the callins
enumerated in the ne.t pararaph precedin who
shall employ any descendant of his under twelve
years of ae in such danerous e.hibitions.
!. (ny ascendant, uardian, teacher or person
entrusted in any capacity with the care of a child
under si.teen years of ae, who shall deliver such
child ratuitously to any person followin any of
the callins enumerated in pararaph 2 hereof, or
to any habitual varant or bear.
"f the delivery shall have been made in
consideration of any price, compensation, or
promise, the penalty shall in every case be
imposed in its ma.imum period.
"n either case, the uardian or curator convicted
shall also be removed from office as uardian or
curator; and in the case of the parents of the child,
they may be deprived, temporarily or perpetually,
in the discretion of the court, of their parental
authority.
:. (ny person who shall induce any child under
si.teen years of ae to abandon the home of its
ascendants, uardians, curators, or teachers to
follow any person enaed in any of the callins
mentioned in pararaph 2 hereof, or to accompany
any habitual varant or bear.
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Article 279. Additional penalties for other
offenses. The imposition of the penalties prescribed
in the precedin articles, shall not prevent the
imposition upon the same person of the penalty
provided for any other felonies defined and punished
by this *ode.
Art. 280. 5respass to Dwelling
1. Private person;
2. He enters the dwellin of another; and
3. +uch entrance is aainst the will or the owner
or occupant.
Qualifying: "f committed by means of
violence;intimidation.
Art. 28". 1ther For&s of 5respass
1. The offender enters the closed premises or
the fenced estate of another;
2. The entrance is made while either of them is
uninhabited;
3. The prohibition to enter is manifest; and
!. The trespasser has not secured the
permission of the owner or the caretaker
thereof.
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Art. 282. 6ra'e 5hreats
(7 1. The offender threatens another person with
the infliction upon the latter6s person, honor or
property or upon that of the latter6s family of
any wron;
2. +uch wron amounts to a crime;
3. There is a demand for money or that any
other condition is imposed, even thouh not
unlawful; and
!. The offender attains his purpose.
47 1. The offender threatens another person with
the infliction upon the latter6s person, honor or
property or upon that of the latter6s family of
any wron;
2. +uch wron amounts to a crime;
3. There is a demand for money or that any
other condition is imposed, even thouh not
unlawful; and
!. The offender does not his attain purpose.
*7 1. The offender threatens another person with
the infliction upon the latter6s person, honor or
property or upon that of the latter6s family of
any wron;
2. +uch wron amounts to a crime; and
3. The threat is not sub-ect to a condition.
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Art. 28). -ight 5hreats
1. The offender makes a threat to commit a
wron;
2. The wron does not constitute a crime;
3. There is a demand for money or that the other
condition is imposed even thouh not
unlawful; and
!. The offender has attained his purpose or , that
he has not attained his purpose.
Art. 28.. 7ond for 6ood $eha'ior
1. /hen he threatens another under
circumstances in (rt. 2<2.
2. /hen he threatens another under
circumstances in (rt. 2<3.
Art. 280. 1ther -ight 5hreats
17 Threatenin another with a weapon, or
drawin such weapon in a 0uarrel, unless it be
in lawful self9defense.
27 %rally threatenin another, in the heat of
aner, with some harm constitutin a crime,
without persistin in the idea involved in his
threat.
37 %rally threatenin to do another any harm not
constitutin a felony.
Art. 286. 6ra'e ,oer#ion
1. The offender prevents another from doin
somethin not prohibited by law %& compels
him to do somethin aainst his will, be it riht
or wron;
2. The prevention or compulsion is effected by
violence, threats or intimidation; and
3. The act is not made under authority of law or
in the e.ercise of a lawful riht.
When prision mayor shall be imposed:
17 *ommitted in violation of the e.ercise of riht
of suffrae;
27 *ommitted to compel another to perform any
reliious act;
37 *ommitted to prevent another from performin
any reliious act.
Art. 287. -ight ,oer#ion
1. *reditor;
2. He sei1es anythin belonin to his debtor;
3. The sei1ure is accomplished by means of
violence or display of material force producin
intimidation; and
!. The purpose it to apply the same to the
payment of the debt.
Art. 288. 1ther Si&ilar ,oer#ions 8,o&pulsor(
/ur#hase of !er#handise and /a(&ent of 9ages
$( !eans of 5o:ens;
(7 1. (ny person, aent or officer of any
association or corporation;
2. He or such firm or corporation has
employed laborers or employees; and
3. He forces or compels, directly or indirectly,
or knowinly permits to be forced or
compelled, any of his or its laborers or
employees to purchase merchandise or
commodities of any kind from him or from said
firm or corporation.
47 1. The offender pays the waes due a laborer
or employee employed by him by means of
tokens or ob-ects;
2. Those tokens or ob-ects are other than the
leal tender currency of the Philippines; and
3. +uch employee or laborer does not
e.pressly re0uest that he be paid by means of
tokens or ob-ects.
Art. 289. For&ation< !aintenan#e< and /rohi$ition
of ,o&$ination of ,apital or -a$or through
3iolen#e or 5hreats
1. The offender employs violence or threats, in
such a deree as to compel or force laborers
or employers in the free and leal e.ercise of
their industry or work; and
2. The purpose is to orani1e, maintain or
prevent coalitions of capital or laborers or
lockout of employers.
Art. 290. Dis#o'ering Se#rets through Sei=ure of
,orresponden#e
1. The offender is a private individual or even a
public officer not in the e.ercise of his official
function;
2. He sei1es the papers or letters of another;
3. The purpose is to discover the secrets of such
other person; and
!. The offender is informed of the contents of the
papers or letters sei1ed.
Qualifying: %ffender reveals the contents of such
paper or letter of another to a third person.
Art. 29". e'ealing Se#rets with A$use of 1ffi#e
1. $anaer, employee or servant;
2. He learns the secrets of his principal or master
in such capacity; and
3. He reveals such secrets.
Art. 292. e'elation of Industrial Se#rets
1. ( person in chare, employee or workman of a
manufacturin or industrial establishment;
2. The manufacturin;industrial establishment
has a secret of the industry which the offender
has learned;
3. He reveals such secrets; and
!. Pre-udice is caused to the owner.
Art. 29). 9ho are 6uilt( of o$$er(
'lements in eneral#
1. There is a personal property belonin to
another;
2. There is unlawful takin of that property;
3. The takin must be with intent to ain; and
!. There is violence aainst or intimidation of any
person or force used upon thins.
Art. 29.. o$$er( with 3iolen#e against or
Inti&idation of /ersons
". 1. /hen by reason or on occasion of the
robbery, homicide is committed;
2. /hen the robbery is accompanied by rape
or intentional mutilation or arson
"". /hen by reason or on occasion of such
robbery any of the physical in-uries resultin in
insanity, imbecility, impotency or blindness is
inflicted =Par. 1 (rt. 2237
""". /hen by reason or on occasion of such
robbery, a person in-ured#
1. >oses the use of speech or the power to
hear or to smell, or loses an eye, a hand,
a foot, an arm or a le;
2. >oses the use of any such member; or
3. 4ecomes incapacitated for the work in
which he was therefor habitually enaed,
in conse0uence of the physical in-uries
inflicted.
"?. 1. "f the violence or intimidation employed in
the commission or robbery is carried to a
deree clearly unnecessary for the
commission of the crime.
2. /hen in the course of its e.ecution, the
offender shall inflicted upon any person not
responsible for its commission whereby the
person in-ured#
a. 4ecomes deformed;
b. >oses any other member of his body;
c. >oses the use thereof;
d. 4ecomes ill or incapacitated for the
performance of the work in which he was
habitually enaed for more than @A days,
in conse0uence of the physical in-uries
inflicted; or
e. /hen the in-ured person becomes ill or
incapacitated for labor for more than 3A
days =but must not be more than @A days7,
as a result of the physical in-uries inflicted.
?. "f the violence employed by the offender does
not cause any of the serious physical in-uries
defined in (rt. 223 or if the offender employs
intimidation only. =+imple &obbery7
