Chapter III ILLEGAL ASSEMBLIES
CRIMES AGAINST SECURITY
Abandonment of helpless persons And exploitation of minors
Art. 275: Abandonment of Persons in danger and Abandonment of one’s own
victim
Punishable Acts:
1. failure to render assistance to any person whom the offender finds in an uninhabited place, wounded or in danger of dying when he can render such assistance without to himself, unless such omission shall constitute a more serious offense
Elements:
1. the place is not inhabited
2. the accused found there a person wounded or in danger of dying
- It is immaterial that the offender did not know that the child is under 7 yrs. old
3. The accused can render assistance without detriment to himself 4. The accused failed to render assistance
2.
Failing to help/render assistance to another whom the offender has accidentally wounded or injured.3.
Failing to deliver a child, under seven years whom the offender has found abandonment, to the authorities or to his family, by failing to state him to a safe place.- it is immaterial that the offender did not know that the child is under 7 yrs. old
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Paragraph 2 of Art. 275 applies only when someone is accidentally injured by theaccused
Art. 276: Abandoning a Minor
Elements:
2. that the child is under seven years 3. that he abandons such child
4. that he has no intent to kill the child when the latter is abandoned
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Where there is intent to kill, this article does not apply.• Intent to kill cannot be presumed from the death of the child
The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against person, and not to crimes against security, particularly the crime of abandoning a minor.
– A permanent, conscious and deliberate abandonment is required in this article.
Circumstances Qualifying the Offense
1. When the death of the minor resulted from such abandonment 2. If the life of the minor was in danger because of the abandonment
– If the offender is the parent of the minor who is abandoned he shall be deprived of parental authority
Art. 277: Abandonment of Minor by Person Entrusted with his Custody;
indifference of parents
Elements of the Abandonment of Minor:
1. That he delivers said minor to a public institution or other persons
2. That 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.
Elements of the Indifference of Parents: 1. That the offender is a parent
2. That he neglects his children by not giving them education
3. That his station in life requires such education and his financial condition permits it. 4. Failure to give education must be due to deliberate desire to evade such obligation – Obligation to educate children terminates, if mother and children refuse without good reason
to live with accused.
Art. 278: Exploitation of Minors
Acts Punished:
1. Causing any boy or girl under 16 to perform any dangerous feat of balancing, physical, or contortion, the offender being any person.
2. Employing children 16 who are not 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 engaged in a similar calling. 3. Employing any descendant under 12 years of age in dangerous exhibitions
enumerates in the next preceding paragraph, the offender being engaged in any of the said calling.
4. Delivering a child under 16 gratuitously to any person in any of the callings enumerated, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher, or person entrusted in any capacity with the care of such child. 5. Inducing any child under 16 to abandon the home of its ascendants, guardians,
curators or teachers to fallow any person engaged in any callings mentioned or to accompany any habitual vagrant or beggar, the offender being any person.
Circumstance Qualifying the Offense
- If the offense is committed by means of violence or intimidation, the penalty is higher.
- The exploitation of minors must refer to act endangering the life or safety of the minor.
•
The offender is engaged in a kind of business that would place the life or limb of the minor in danger, even though working for him is not against the will of the child.Art. 280: Qualified Trespass to Dwelling
Elements:
1. That the offender is a private person 2. That he enters the dwelling of another 3. That such entrance is against the latter’s will Circumstance qualifying the offense
- If the offense is committed by means of violence or intimidation, the penalty is higher.
- Dwelling includes room when occupied by another person Dwelling defined
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Any building or structure exclusively devoted for rest and comfort, as distinguished from places devoted to business, offices etc.Absolutely Causes:
1) If the entrance to another’s dwelling is made for purpose of preventing some serious harm to himself, the occupants of the dwelling or third person;
2) If the purpose is to render some service to humanity or justice; and
3) If the place where entrance is made is a café, tavern, inn and other public house, while
the same are open.
• Prohibited is implied in entrance through the window
• Prohibited must be in existence prior to or at the time of entrance
• Prohibited, not necessary when violence or intimidation is employed by the offender.
•
All trespassers ordinarily have intention to commit another crime, but if there is no overt act of the crime intended to be committed the crime is only trespass to dwelling.• Against The Will- means that the entrance is either expressly or impliedly prohibited or the prohibition is presumed. Fraudulent entrance may constitute trespass. The prohibition to enter may be made at any time and not necessarily at the time of the entrance
• Cases when Art 280 does not apply:
a) when the purpose of the entrance is to prevent serious harm to himself, the occupant or third persons
b) when the purpose of the offender in entering is to render some service to humanity or justice
c)
Anyone who shall enter cafes, taverns, inns and other public houses while they are open.Art. 281: Other Forms of Trespass
Elements:
1. That the offender enters the closed premises or the fenced estate of another. 2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner or the caretaker thereof.
5.
Premises defined
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Signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed.- Entering a warehouse may be trespass under this article because the warehouse is a closed premise.
Art. 280 Art. 281
• Offender is a private person • Detention is not authorized by law
• Offender enters a dwelling
house •
Offender enters closed premises or fenced estate. • Place entered is inhabited • Place enter is uninhabited • Act constituting the crime is
entering the dwelling against the will of the owner
• It is entering the closed premises or the fenced estate without securing the permission on of the owner or care taker thereof.
• Prohibition to enter is express
or implied • Prohibition to enter must be manifest. P.D 772: Penalizes squatting and other similar acts
Threats and coercion
Art. 282: Grave Threats
Punishable Acts:
1. By 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.
2. By taking such without the offender attaining his purpose.
3. By threatening another with the infliction upon this person, honor or property or that of his family of any wrong amounting to a crime, the threat is not being subject to a condition.
- Essence of the crime of threats is intimidation
- Qualifying Circumstances: if threat was made in writing or through a middleman
- The act threatened must be wrong
- The crime is consummated as soon as the threats come to the knowledge of the person threatened, not necessary that the offended party was present at the time the threats were made.
- Threats made in connection with commission of other crimes are absorbed by the latten; but if the threat was made with the deliberate purpose of creating in the mind of the person threatened the belief that the threat would be carried into effect, the crime is Grave Threats, and the minor crime which accompanied it should be disregarded.
- The offender in grave threats does not demand the delivery on the spot of the money or offer personal property asked by him, otherwise the crime is robbery with intimidation.
Penalty to be imposed:
- if the offender attained his purpose, the penalty one degree lower of the penalty for the crime threatened to be committed shall be imposed
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If the threat is not subject to a condition, the penalty is fixed.Art. 283: Light Threats
Element:
1.
That the offender makes a threat to commit a wrong.2.
That the wrong does not constitute a crime.3.
That there is a demand for money or that other condition is imposed, even though not unlawful.4. that the offender has or, has not attained his purpose
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Light are committed in the same manner as grave threats, except that the act threatened to be committed should not be a crime.- Blackmailing may be punished under Art. 283
Cases when a person is obliged to file the bond
1. When the threatens another under circumstances mentioned in 282 2. when the threatens another under circumstances mentioned under 283 Art. 35
• bond to keep the peace
• not made applicable to any particular case • it is an additional penalty
• applicable only to cases of grave threats and light threats.
THREATS ROBBERY
The intimidation is clear and
conditional Intimidation is actual and immediate It maybe through an intermediary Intimidation is personal
Refers to a person, honor or property Refers to personal property Gain is not an essential element There in intent to gain The danger to the victim is not
instant
Imminent to the victim
Art. 285: Other light threats
Prohibited Acts:
1. Threatening another with a weapon, or by inducing such weapon in a quarrel, unless it is in lawful self-defense.
2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat.
3. by orally threatening to do another any harm not constituting a felony.
o Other light threats can be committed even the person to whom it is directed is absent
o Where the threats are directed to a person who is absent and uttered in a temporary fit of anger, the offense is only light threats.
ART 286: Grave Coercions:
Two ways of committing Grave Coercions:
1. By preventing another, by means of violence, threats or intimidation, from doing something not
prohibited by law . 2. By compelling another, by means of violence, threats or intimidation, to do
something against his Will, whether it be right or wrong. Elements:
1. that a person presented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong.
2. that the prevention or compulsion be effected by violence, threats or intimidation; and
3. that the person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.
o In grave coercion, the act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented. If the act was already done when violence is exerted, the crime is unjust vexation.
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Coercion is consummated even if the offended party did not accede to the purpose of the coercion.o grave coercion arises only if the act which the offender prevented to do so is not prohibited by
law or ordinance
o
The violence employed must be immediate, actual or imminent. The essence of coercion is an attack on individual liberty
Art. 287: Light Coercion
Elements:
1.
That the offender must be a creditor2.
That he seizes anything belonging to his debtor3.
That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation.4.
That the purpose of the offender is to apply the same to the payment of the debt. o If there is no violence employed, the act is punishable under paragraph 2 ofarticle 287
o Unjust includes any human conducts which although not productive of some physical or material would, however, unjustly annoy or vex an innocent person.
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Kissing a girl, without performing acts of lasciviousness, is unjustvexation.
- There is no violence or intimidation in unjust vexation
Art 288: Other similar coercions (compulsory purchase of merchandise and
payment of wages by means of tokens) Punishable Acts:
1.
Forcing or compelling, directly or indirectly or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him.2.
Paying the wages due his laborer or employee by means of tokens or objects other that the legal tender currency of the Phil., unless expressly requested by such laborer or employee.Elements of Act. No. 1
a) that the offender is any person, agents or officer of any association or corporation.
b) That he or such firm or corporation has employed laborers or employees. c) That he forces or compels, directly or indirectly, or knowingly permits to
be forced or compelled, any of his or its laborers or employees to purchase merchandise of commodities of any kind from him or from said firm or corporation
Elements of Act. No. 2
a) That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects.
b) That these tokens or objects one other than the legal tender currency of the Philippines.
c) That such employee or laborer does not expressly request that he be paid by means of tokens or objects.
Art 289: Formation, maintenance, and prohibition of combination of capital or
labor through violence or threats. Elements:
1) That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work.
2) That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers.
• The act should mot be a more pervious offense • Peaceful picketing, not prohibited
o Peaceful picketing is part of freedom of speech and therefore, cannot be prohibited
• Employing violence or making threat by picketers may make them liable for coercion.
• Preventing employee from joining any registered labor organization is punished under the labor code, not under the revised penal code
Art. 290: Discovering secrets through of correspondence
Elements:
1.
That the offender is a private individual or even a public officer not in the exercise of his official function.2. that the seizes the papers of letters of another
3. that the purpose is to discover the secrets of such another person
4.
That offender is informed of the contents of the papers of letters seized.• This article does not require that the offended party be prejudiced. • Circumstance qualifying the offense:
o When the offender reveals the contents of such paper or letters of another to a third person, the penalty is higher.
*this article is inapplicable to: a) parents b) guardians
c) or persons entrusted with the custody of minors under their care d) spouse
e) teachers or other persons entrusted with the care and education of the minor
Art 291: Revealing secrets with abuse of Office
Elements:
1. that the offender is a manager, employee or servant
2.
That the offender learns the secrets of is principal of master in such capacity.3.
That he reveals such secrets.-
The secret must have come to their knowledge by reason of their office or position.- Damage is not necessary
Art. 292: Revelation of Industrial Secrets
Elements:
1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment.
2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned.
3. That the offender reveals such secrets. 4. That prejudice is caused to the owner.
- Secrets must relate to manufacturing processes
- The revelation of the secret might be made after the employee or workman had ceased to be connected with the establishment.
- Prejudice is an element of the offense. Anti – Fencing Law
(P.D. 1612)
Fencing = is that act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.
Fence = includes any person, firm, association, corporation, or partnership or other organization who/which commits the act of fencing.
• Liability of Officials of Juridical Persons
If the fence is a partnership, firm, corporation, or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable.
• Presumption of Fencing
Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery thievery shall be prime facie evidence of fencing.
• Clearance/Permit to sell used Secondhand Articles
For purpose of this act, all stores, establishments or entities dealing in the buy and sell of any good, article, item, objects or anything of value obtained from an unlicensed dealer or supplier theory, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located.
Any person who fails to secure the clearance or permit requires by this section or who violates any of the rules and regulations promulgated hereunder shall upon conviction be punished as Fence.