CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

A267- KASID (AMENDED BY 7659)

 ELEMENTS:
1. offender is a private ind’l
2. he kidnaps or detains another in a manner to deprive his liberty
3. the detention or kidnapping is illegal
4. in commission of the crime, the ff circumstances are present:
a. KD last for more than 3 days
b. committed simulating public authority
c. any SPI are inflicted upon the person KD
d. threats to kill him are made
e. the person KD is a minor, female or a P.O
 The essential element is the deprivation of the victim’s liberty
 If parents did it- KIDNAPPING AND FAILURE TO RETURN A MINOR; if adult- KASID
 RA 7659 amended A267: SCC (not CC under A48 bec. They are specific crimes constituting one indivisible felony with specific penalty.)
1. kidnapping with homicide
2. kidnapping with rape
3. kidnapping with SPI
 Ransom is a QC- when demanded become KIDNAPPING
 What are the distinctions b/n K with rape and FA with rape?
In K with rape:
1. it is a composite of SCC if the victim was also raped.
2. at the outset, there is NO lewd design
3. rape here is not a separate crime but a QC
4. multiple rapes- only one K with rape
5. if rape was merely attempted, 2 separate crimes- K and Attempted rape
In FA with rape:
1. the crime is complex under A48 since FA is a necessary means to commit rape
2. at the outset, there is lewd design
3. rape here is also a crime
4. multiple rapes- only 1 shall be complexed with FA, other rapes will be treated as separate crimes.
5. if attempted rape- it is a manifestation of lewd design

A268- SLIGHT ILLEGAL DETENTION-

 5 circumstances un kidnapping must be absent.
 Voluntary release can mitigate the liability in SID:
1. the release is made within 3 days
2. before criminal prosecution can be commenced
3. before the offender has accomplished his purpose
 Accomplice in SID- given same penalty as principla; in KASID- person who furnished the place is treated as
accomplice

A269- UNLAWFUL ARREST
 ELEMENTS:
1. offender arrests or detains another person
2. purpose of the offender is to deliver him to the proper authority
3. arrest or detention is not authorized by the law or there is no reasonable ground
 If the purpose is not the deliver- ILLEGAL DETENTION

A270-279
 ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR
1. the offender has been entrusted with the custody of the minor; and
2. he deliberately fails to restore said minor to his parents or guardian
 3 kinds of abandonment: (A275)
1. failure to render assistance to a person found in an uninhabited place
2. abandonment of one’s own victim in an accident
3. failure to render assistance to a child less than 7 years of age

A280-A281
 ELEMENTS-TRESPASS TO DWELLING
1. the offender is private person
2. he enters the dwelling of another; and
3. such entrance is against the latter’s will
 Even if it is meant for residence, like apartment for rent, if at the time it is vacant- TRESPASS TO PROPERTY (ex.
Disco, bars, restau)
 If committed by means of violence- QUALIFIED TRESPASS TO DWELLING
  If the purpose of entry is to commit more serious crimes- dwelling becomes AC and the trespass is absorbed as a
means to commit a crime.

A282-A285 THREATS
 3 kinds of threats:
1. GT- Crimes (with or without condition) (the wrong threatened amounts to crime)
2. LT- not crime (with Condition)
3. OLT- crime or not crime (w/out condition)
 Grave threat – when the harm or wrong threatened is in the nature of a crime like a threat to kill, injure and there
are indications that the offender is determined to make a good threat.
 If in the heat of anger, no intention to commit the crime threat- LIGTH THREAT
 BGB- is limited to threats and its breach will give rise to destierro.

A286-A289- COERCION
 Grave coercion is of 2 kinds:
1. preventive coercion- where the offender uses violence to prevent the victim from doing an act not prohibited
by the law.
2. compulsive coercion- the offender uses violence to compel the OP to do an act which may or may not be
prohibited.
 What are the distinctions of threat and coercion?
In threat:
a. the harm or wrong is future or conditional
b. may be intermediary or writing
c. it is, generally, committed by intimidation which is future and conditional.
In coercion:
a. the threatened harm or wrong is direct, immediate and personal
b. cannot be in writing
c. it is generally, by violence.
 Intimidation is:
1. ROBBERY- if it is immediate but conditional coupled with demand for money or consideration
2. THREAT- future or conditional
3. COERCION- direct, immediate, and personal
 When property of debtor is seized;
1. UV- by means of violence and property is applied to debt
2. ROBERRY- if the value is greater than the debt
3. ESTAFA- no obligation on the part of the OP but was only feigned because of the deceit employed

A290-292
 Punishes 2 acts- DISCOVERY AND REVELATIONS OF SECRETS
1. seizing correspondence, opening and reading the same
2. revealing the contents thereof
 MM- if it is to prevent the addressee from receiving the correspondence