Art 267 Kidnapping and serious illegal detention Note:

 When the law talks about ransom, it is not necessary that the
Elements: ransom demand has been made, it is sufficient that the
 Offender is a private individual kidnapping or detention was for the purpose of detention.
 He kidnaps or detains another or deprives the latter of his
liberty  Freedom of locomotion is not the same as freedom of liberty
 The act of kidnapping and detention must be illegal
 The purpose is immaterial when any of the circumstances in
What are the circumstances for it to become kidnapping or serious the first paragraph of art 267 is present.
illegal detention?
 3 days or more Under RA 7659
 Offender simulates public authority “When the victim is killed or dies as a consequence of the
 Serious physical injuries are inflicted upon the victim detention, or is raped, or is subjected to torture or
 Kidnapped person is minor, woman, or public officer dehumanizing acts, the maximum penalty shall be imposed”
This makes the crime of kidnapping with murder a special complex
Note: If the detention or kidnapping is for the purpose of extorting crime.
ransom, even if none of the circumstance above mentioned are Note: the kidnapping should not be incidental to the killing, it is
present it will automatically qualify it as kidnapping and serious illegal essential that the kidnapping was the main purpose of the offender.
detention, in addition to that the penalty imposed will be death. We must look into the specific intent of the offender.

If the victim is killed or dies as a consequence of the Specific intent: is used to describe a state of mind which exist where
detention, or is raped or is subjected to torture or dehumanizing act, circumstances indicate that an offender desired a specific result to
the maximum penalty will be imposed. follow his act or failure to act.

Is it necessary that all the qualifying circumstance be present? Note: there is a special complex crime of serious illegal detention or
No, one is enough. kidnapping with rape but not rape with serious illegal detention.

What is the difference between in kidnapping and serious illegal Art 268 Slight illegal detention
detention? Elements:
In kidnapping intention to deprive the victim of his liberty for  Offender is a private individual
purpose of extorting ransom on the part of the accused is essential. 1  He kidnaps or detains another or deprives the latter of his
liberty
In Serious illegal detention it is sufficient that one of the qualifying  The act of kidnapping and detention must be illegal
circumstance is enough.  Without the attendance of any of the circumstance
1
enumerated in art 267
[ CITATION Lui \l 13321 ]
 Elements (par 1):
Art 269 Unlawful arrest  The place is inhabited
Elements:  The accused found someone who is wounded or in danger of
 Offender arrest or detain another person dying
 Purpose of the offender is to deliver him to the proper  The accused can render assistance without detriment to
authorities himself.
 Arrest or detention is not authorized by law, and no  The accused failed to render assistance
reasonable grounds therefor
(par2)
Note: The law uses the term any person, such, even a public officer By failing to help or render assistance to another whom the offender
can be liable under this article if the public officer has no authority to accidentally wounded of inured.
arrest and detain a person, or if he did not act in his official capacity.
(par 3)
Art 270 kidnapping and failure to return a minor Failing to deliver a child, under 7yrs of age whom the offender found
Elements: abandoned, to the authorities or to his family, or by failing to take
 The person is entrusted with the custody of a minor (Age of him to a safe place.
majority is now 18 by RA 6809)
 The offender deliberately fails to restore said minor to his Note: the child must be found by the accused in an unsafe place.
parents or guardians
Art 276 Abandoning a minor
Note: Elements:
 When the crime is committed by the father or mother of the  Offender has the custody of the child
minor, the penalty is only arresto mayor or a fine not  Child is under 7yrs of age.
exceeding 300, or both.  He abandons he child
 In the 4th circumstance provided in art 270 the minor is not  Offender has no intent to kill the child.
entrusted to the offender. Note:
 If there is intent to kill this article will not apply.
Art 271 Inducing a minor to abandon his home  Intent to kill cannot be presumed from the death of the child
Art 272 Slavery  The abandonment must be conscious and deliberate,
Art 273 exploitation of child labor momentary abandonment is not punishable under this article
Art 274 Service rendered under compulsion of payment.
Very easy, please refer to the book pg. 593-599 Art 277 abandonment of minor by person entrusted with his
custody and Art 278 exploitations of minor.
Art 275 Abandonment of the person in danger and abandonment of Please refer to the book, very easy. pg 604-607
one’s own victim.
Art 280 qualified trespass to dwelling  The trespasser has not secured the permission of the owner
Elements: or the care taker.
 Offender is a private person
 He enters into the dwelling of another
 Such entrance is against the latter’s will

Note:
 If the offense is committed by means of violence or
intimidation, the penalty will be higher
 Lack of permission does not amount to prohibition, there
must be opposition on the part of the owner of the house to
the entry of the accused
 But there are cases of implied prohibition (entering on
unreasonable hours, entrance through windows)

Par 2 (trespassing with violence or intimidation.)

 Violence can also be employed towards property
 Violence or intimidation may take place immediately after the
entrance, the law prohibits not only the method by which one
may pass the threshold of the dwelling of another, but also
the conduct immediately after the entrance of the one who so
enters.
 Prohibition is not necessary when violence or intimidation is
employed by the offender
 Trespass may be committed by the owner of the dwelling(if
the accused is the owner of the house, and he has a tenant
and he entered the property against the will of his occupant)

Art 281 other forms of trespass

Elements:
 Offender enters a closed premises or the fenced state of
another.
 That the entrance is made while either of them is uninhabited
 Prohibition to enter is manifested