Notes in Crim Law 2 April 27, 2024
When he is not performing his duty
The offender is a private individual.
Detains another individual which is illegal.
It is committed by a private individual which detains
another which deprived him of liberty, and it is illegal.
A: Kidnapping and Illegal Detention.
All these acts showed their intention to immobilize the
victim and deprive him of his liberty. The victim’ s
freedom of movement was restricted, especially when
he was placed inside a sack which rendered him
completely powerless.
It is not murder because there was no evidence if the
victim was dead or alive.
Only evidence was that he was put inside the sack.
A public officer may commit illegal detention if he acts
within his private functions.
In the case at bar, the elements of serious illegal
detention were duly proven by the prosecution.
1. Ali and his cohorts were clearly private individuals
2. They deprived Oliz of her liberty - this was evident
when they placed Igno and Antonio in handcuffs
3. Oliz was a female victim.
The period of detention became immaterial in the view
of the victim's circumstances under Art. 267 (4) since
the victim was female and the crime of serious illegal
detention is consummated.
Detention starts when the person if deprived of liberty
even not physically.
Deprived of liberty – cannot do what u want to do.
Motive was the basis
She had no intention to kidnap or deprive Cortez of her
personal liberty. Acts depict more of a mother's
desperation and distraught mind when her plea for the
return of her child was refused by Cortez.
The detention is merely incidental to the main
objective of the offender, kidnapping and serious illegal
detention is not committed.
Convicted them of Simple Robbery under Article
294(5) of the Revised Penal Code. .
Here, there is no showing whatsoever that the duo had
any motive, nurtured prior to or at the time they
committed the wrongful acts against the complainant,
other than the extortion of money from her under the
compulsion of threats and intimidation.
The crime cannot be kidnapping with ransom.
The actual intent of the malefactors was not to deprive
the offended party of her liberty.
The restraint of her freedom of action was merely an
incident in the commission of another offense
primarily intended by the offenders.
The money demanded is not ransom because there was
no kidnapping.
Neither the crime committed is highway robbery
penalized by P.D. No. 532.
The purpose of brigandage is, inter alia, indiscriminate
highway robbery.
This means the unlawful acts are directed against any
and all prospective victim anywhere on the highway
and whosoever they may potentially be.
If the purpose is only a particular robbery, or robbery
against only a predetermined or particular robbery, the
crime is only robbery.
committing the other, the most serious shall be
imposed in the maximum period.
When the penal code provides for 2 or more crimes
committed – special complex crime or qualified crime.
There is no special or specific provisions and there is 2
crimes committed as a result of a single criminal act –
complex crime.
If we are confronted with this kind of problem,
DETERMINE THE INTENT AND MOTIVE OF THE
OFFENDER.
Killed or dies – special complex crime of kidnapping
with murder/homicide
Raped – special complex crime of kidnapping with
rape.
Special complex crime – not a complex crime under
Art. 48, they provide for a single penalty for the
commission of at least 2 crimes.
Complex crime – when 2 or more grave or less grave
felonies, and when an offense us a necessary means for
270 – if the minor is entrusted to another person and
filed to return the minor to the parents/guardian.
HINDI KO NASS YUNG ISA HUHU
Last paragraph of Art. 267 introduced the concept of
'special complex crime of kidnapping with murder or
homicide.'
Where the person is kidnapped is killed in the course of
detention, regardless of whether the killing was purposely
sought or was merely an afterthought.
Help Johanna looked for the child negates the crime.
Distinguish kidnapping of a minor under 267 and
kidnapping and failure to return minor under 270.
The mere fact the victim is a minor – serious illegal
detention and kidnapping.
It is slight illegal detention because he was only tied in
the room.
No circumstances under 267.
The negligence of accused is wanton and gross.
In kidnapping and failure to return a minor to her
parent and guardian, negligence is a defense, no crime
committed if there is negligence.
If the negligence is gross and wanton – tantamount to
a scheme to take the child away from the parents.
1.
Is there an ill feeling that is being harbored by the
offender?
They were not committing a crime but barangay tanod
doubted them so they were arrested the group of Pacis
and brought them to the police station.
There is unlawful arrest because there is no reasonable
ground to arrest, it is not authorized.
2 – accidentally – no intention.
It is not arbitrary detention because they are not public
officers to arrest.
What they did was a citizen’s arrest.
Infliction of a wrong or injury
If it amounts to a crime – grave threats under Art. 282.
If it does not amount to a crime – light threats under
Art. 283.
If it is made through a quarrel, heat of anger but it does
not amount to a felony – other light threats under.285.
1 – failure to render assistance or abandonment of
person in danger.
a. Uninhabited palce.
b. Danger of dying
c. Render assistance without detriment to himself.
Papatayin kita – one penalty lower than homicide.
If he does not attain his purpose – two degrees lower.
3 COUNTS OF GRAVE THREATS.