Title 9 and 10

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TITLE X: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY  Art. 267. Kid napping and Seriou s Illegal Det ention 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. $%&' TH () three days; b. *ommit ted si mul ati n publ ic aut hor ity ; c. (ny +'&"%+ phy sical in-uries ar e inf licted or thr eats are mad e upon the victim; d. The vi ctim is a minor , femal e or pub li c officer. Qualifying: 1. "f t he pur pose is to e tort ran som 2. /h en the victim is killed or dies as a conse0uence of the detention 3. /hen t he vi ct im is raped !. /hen the victim is su b- ected to tor ture or  dehumaniin acts.  Art. 268. Sli ght Illeg al Detention 1. Private indi vi dual; 2. He kidnaps or detains an ot her, or in an y manner deprives him of his liberty; 3. The ac t of ki dnappi n or deten tio n is il le al; !. The crime is commi tted without the attendanc e of any of the circumstances enumerated in (rt . 2. Mitigating: 1. %f fender voluntari ly rele ases the person so kidnapped or detain within three days from the commencement of the detention; 2. /i thout havin attained the pur posed intended; and 3. 4efor e the inst it uti on of crimina l proceedin s aainst him. The same penalt y of recl usion tempor al shal l be incurred by anyone who shall furnish the place for the perpetration of the crime.  Art. 269. Un lawful A rrest 1. The off en de r arrests or det ai ns anothe r  person; 2. Hi s purpose is to del iv er hi m to the proper  authorities; and 3. The a rre st or dete ntion is un aut hori e d by law or there is no reasonable round therefor.  Art. 270. Kid napping and Failur e to etur n a !inor 1. The o ffender is entrusted with the custo dy of a minor person; and 2. He del ibe rat ely fa il s to restor e the sai d mino r to his parents or uardian.  Art. 27". In du#ing a !inor to A$and on %is %o &e 1. ( minor is l ivin i n the h ome of his p are nts or uardi an or the person entrusted with his custody; and 2. The off ender induces sai d minor to aban don such home.  Art. 272. Sla 'er( 1. Th e of fe nder purc hases, sell s, ki dnaps or  detains a human bein; and 2. Hi s pur pos e is to enslave such human bei n.

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 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 pretet 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 thepayment of a debt.

 Art. 27. A$andon&ent of /erson in Danger and 

 A$andon&ent of 1nes 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 detrimentto 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 1 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 years of ae;

3. He abandons such child; and

!. He has no intent to kill the child when the latte

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 o

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 irunder siteen years of ae to perform anydanerous feat of balancin, physical strenth, orcontortion.

2. (ny person who, bein an acrobat, ymnastrope9walker, diver, wild9animal tamer or circusmanaer or enaed in a similar callin, shalemploy in ehibitions of these kinds children undersiteen years of ae who are not his children ordescendants.

3. (ny person enaed in any of the callinsenumerated in the net pararaph precedin whoshall employ any descendant of his under twelveyears of ae in such danerous ehibitions.

!. (ny ascendant, uardian, teacher or personentrusted in any capacity with the care of a childunder siteen years of ae, who shall deliver suchchild ratuitously to any person followin any othe callins enumerated in pararaph 2 hereof, orto any habitual varant or bear.

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"f the delivery shall have been made inconsideration of any price, compensation, or promise, the penalty shall in every case beimposed in its maimum period.

"n either case, the uardian or curator convictedshall 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 parentalauthority.

:. (ny person who shall induce any child under siteen years of ae to abandon the home of itsascendants, uardians, curators, or teachers tofollow any person enaed in any of the callinsmentioned in pararaph 2 hereof, or to accompanyany habitual varant or bear.

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Article 279. Additional penalties for other 

offenses.  The imposition of the penalties prescribedin the precedin articles, shall not prevent theimposition upon the same person of the penaltyprovided for any other felonies defined and punishedby this *ode.

 Art. 280. 5respass to Dwelling 

1. Private person;

2. He enters the dwellin of another; and3. +uch entrance is aainst the will or the owner 

or occupant.

Qualifying:  "f committed by means of  

violenceintimidation.

 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. ra'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 o

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 notunlawful; 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 o

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 o

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 no

unlawful; and

!. The offender has attained his purpose or , tha

he has not attained his purpose.

 Art. 28. ond for ood $eha'ior

1. /hen he threatens another unde

circumstances in (rt. 2<2.

2. /hen he threatens another unde

circumstances in (rt. 2<3.

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 Art. 28. 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 histhreat.

37 %rally threatenin to do another any harm not

constitutin a felony.

 Art. 286. ra'e ,oer#ion

1. The offender prevents another from doin

somethin not prohibited by law %& compelshim 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 eercise of a lawful riht.

When prision mayor shall be imposed:

17 *ommitted in violation of the eercise of riht

of suffrae;

27 *ommitted to compel another to perform anyreliious act;

37 *ommitted to prevent another from performin

any reliious act.

 Art. 287. -ight ,oer#ion

1. *reditor;

2. He seies anythin belonin to his debtor;

3. The seiure 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 ,o&pulsor(

/ur#hase of !er#handise and /a(&ent of ages

$( !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 indirectlyor knowinly permits to be forced o

compelled, any of his or its laborers o

employees to purchase merchandise o

commodities of any kind from him or from said

firm or corporation.

47 1. The offender pays the waes due a labore

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; and3. +uch employee or laborer does no

epressly 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, insuch a deree as to compel or force laborers

or employers in the free and leal eercise of

their industry or work; and

2. The purpose is to oranie, maintain o

prevent coalitions of capital or laborers o

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 eercise of his officia

function;

2. He seies 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 seied.

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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 manufacturinindustrial 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). ho are uilt( 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. 237

""". /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-uriesinflicted.

"?. 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 eecution, the

offender shall inflicted upon any person no

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 o

incapacitated for labor for more than 3Adays =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. 23 or if the offender employs

intimidation only. =+imple &obbery7