CRIMES AGAINST PERSONAL LIBERTY Art. 269.

Unlawful Arrest
Elements: (AD-A-N) (3)
Article 267. Kidnapping and Serious 1. That the offender Arrests or Detains
Illegal another
Detention person;
Elements: (P-K-I-F) (4) 2. That the purpose of the offender is to
1. That the offender is a Private individual; deliver
2. That he Kidnaps or detains another, or in him to the proper Authorities; and
any 3. That the arrest or detention is Not
other manner deprives the latter of liberty; authorized
3. That the act of detention or kidnapping by law or there is no reasonable ground
must therefor
be Illegal; and
4. That in the commission of the offense, Art. 270. Kidnapping and Failure to
any of Return A
the following circumstances are present (3- Minor
S- Elements: (E-D) (2)
S-M) 1. That the offender is Entrusted with the
a. The kidnapping/detention lasts for more custody of a minor person; and
than 2. That he Deliberately fails to restore the
3 days, or said
b. committed by Simulating public authority, minor to his parents
or
c. any Serious physical injuries are inflicted Art. 271. Inducing a Minor to Abandon
upon the person kidnapped or detained his
or threats to kill him are made, or Home
d. the person kidnapped or detained is a Elements: (L-I) (2)
Minor 1. That the minor is Living in the home of
(except if parent is the offender), female his
or a public officer parents or guardians or the person
If any of these are present, detention entrusted
becomes serious and purpose of detention with his custody; and
is 2. That the offender Induces the minor to
immaterial abandon such home

Art. 268. Slight Illegal Detention Art. 272. Slavery

Elements: (P-W-D-I) (4) Elements: (PSKD-E) (2)
1. That the offender is a Private person; 1. That the offender Purchases, Sells,
2. That he kidnaps or Detains another or in Kidnaps
any or Detains a human being; and
other manner deprives the victim of liberty 2. That the purpose of the offender is to
or he furnishes the place for the Enslave
perpetuation of such human being.
the detention;
3. That the act of detention or kidnapping Art. 273. Exploitation of Child Labor
must Elements: (R-A-P) (3)
be Illegal; and 1. That the offender Retains a minor in his
4. That the crime is committed Without the service;
attendance of any of the circumstances 2. That it is Against the will of the minor;
enumerated in Art. 267 and
3. That it is under the Pretext of reimbursing
himself of a debt incurred by an ascendant, care of the offender or, in the absence of
guardian or person entrusted with the the entruster, without the consent of the
custody of such minor proper authorities
2. Neglecting one’s children by not giving
Art. 274. Services Rendered Under them education which the parent/s’
Compulsion in Payment of Debt station in life requires and financial
Elements: (C-A-P) (3) condition permits
1. That the offender Compels a debtor to
work Article 278. Exploitation of Minors
for him, either as household servant or farm
laborer; Art. 280. Qualified Trespass to Dwelling
2. That it is Against the debtor’s will; and Elements: (P-E-A) (3)
3. That the Purpose is to require or enforce 1. That the offender is a Private person;
the 2. That he Enters the dwelling of another;
payment of a debt. and
3. That such entrance is Against the latter’s
will.
CRIMES AGAINST SECURITY
Art. 281. Other Forms of Trespass
Art. 275. Abandonment of Person in Elements: (NUPE) (4)
Danger 1. That the offender Enters the closed
and Abandonment of One’s Own Victim premises
Elements: (N-W-R-F) (4) or the fenced estate of another (Premises –
1. That place is Not inhabited; signifies a distinct and definite locality which
2. The accused found there a person is fixed);
Wounded 2. That the entrance is made while either of
or in danger of dying; them is Uninhabited;
3. The accused can Render assistance 3. That the Prohibition to enter be manifest;
without and
detriment to himself; and 4. That the trespasser has Not secured the
4. The accused Fails to render assistance permission of the owner or the caretaker
thereof.
Art. 276. Abandoning a Minor
Elements: (C-7-A-N) (4) Art. 282. Grave Threats
1. That the offender has the Custody of a Punishable Acts:
child; 1. By threatening another with the infliction,
2. That the child is Under 7 years of age; upon his person, honor or property or that of
3. That he Abandons such child; and his family, of any wrong amounting to a
4. That he has No intent to kill the child crime
when and demanding money or imposing any
the latter is abandoned. other
condition, even though not unlawful, and the
Art. 277. Abandonment of Minor by offender attained his purpose.
Person
Entrusted with His Custody; Indifference Art. 283. Light Threats
of Elements: (DANT) (4)
Parents 1. That the offender Threatens another
Punishable Acts/Elements: person
1. Delivering a minor to a public institution with the infliction of a wrong;
or other persons without the consent of 2. That the wrong does Not constitute a
the one who entrusted such minor to the crime;
3. That there is a Demand for money or any Philippines, unless expressly requested by
other condition is imposed, even though not such laborer or employee
unlawful; and
4. That the offender has either Attained or Art. 289. Formation, Maintenance, and
not Prohibition of Combination of Capital or
attained his purpose. Labor through Violence or Threats
Elements: (PEN) (3)
Art. 286. Grave Coercions 1. That the offender Employs violence or
Elements: threats, in such a degree as to compel or
1. That a person force the laborers or employers in the free
a. Prevented another from doing something and legal exercise of their industry or work;
not prohibited by law, or 2. That the Purpose is to organize, maintain
b. Compelled another to do something or
against his will, be it right or wrong; prevent coalitions of capital or labor, strike
2. That the prevention or compulsion is of
effected laborers, or lockout of employees; and
by Violence, Threats, or Intimidation; and 3. The act shall Not constitute a more
3. That it is committed Without authority of serious
law offense under the RPC
or not in the exercise of any lawful right.
Art. 290. Discovering Secrets through
Art. 287. Light Coercions Seizure of Correspondence
Elements: (C-S-V-P) (4) Elements: (PIPS) (4)
a. That the offender must be a Creditor of 1. That the offender is a Private individual or
the even a public officer not in the exercise of
offended party; his
b. That he Seizes anything belonging to his official functions;
debtor; 2. That he Seizes the papers or letters of
c. That the seizure of the thing be another;
accomplished 3. That the Purpose of the seizure is to
by means of Violence or a display of discover
material the secrets of such other person; and
force producing intimidation; and 4. The offender is Informed of the contents
d. That the purpose of the offender is to of
apply the papers or letters seized
the same to the Payment of the debt.
Art. 291. Revealing Secrets with Abuse
Art. 288. Other Similar Coercions of
(Compulsory Purchase of Merchandise Office
and Elements: (M-L-R) (3)
Payment of Wages By Means of Tokens) 1. That the offender is a Manager,
Punishable Acts: employee or
1. By forcing or compelling, directly or servant;
indirectly, 2. That he Learns the secrets of his
or knowingly permitting the forcing or principal or
compelling of the laborer or employee of the master in such capacity; and
offender to purchase merchandise or 3. That he Reveals such secrets
commodities of any kind from him
2. By paying the wages due his laborer or Art. 292. Revelation of Industrial Secrets
employee by means of tokens or objects Elements (POPS) (4)
other than the legal tender currency of the 1. That the offender is a Person in charge,
employee or workman of a manufacturing or Committed Under Certain Circumstances
industrial establishment;
2. That the manufacturing or industrial Art 298. Execution of Deeds By Means of
establishment has a Secret of the industry Violence or Intimidation
which the offender has learned; Elements: (I-C-VI) (3)
3. That the Offender reveals such secrets; 1. That the offender has Intent to defraud
and another;
4. That Prejudice is caused to the owner. 2. That the offender Compels him to sign,
execute, or deliver any public instrument or
document; and
CRIMES AGAINST PROPERTY 3. That the compulsion is by means of
Violence
Article 293. Who Are Guilty Of Robbery or Intimidation
Elements: (P-U-I-VF) (4)
1. There must be Personal property Art 299. Robbery in an Inhabited House
belonging or
to another; Public Building or Edifice Devoted To
2. Unlawful taking of that property; Worship
3. Taking was with Intent to gain (animus Subdivision (a) elements:
lucrandi); and 1. That the offender entered
4. That there is (a) Violence against or a. an inhabited house, or
intimidation of person, or (b) Force upon b. public building, or
anything. c. edifice devoted to religious worship;
2. That the entrance was effected by any of
Art 294. Robbery with Violence against the
or following means:
Intimidation of Persons a. Through an opening not intended for
entrance or egress;
Art. 295. Robbery with Physical Injuries, b. By breaking any wall, roof, or floor or
Committed in an Uninhabited Place and breaking any door or window;
by a c. By using false keys, picklocks or similar
Band, or with the Use of Firearm on a tools; or
Street, d. By using any fictitious name or
Road or Alley (Qualified Robbery) pretending the exercise of public
authority; and
Art. 296. Definition of a Band and Penalty 3. That once inside the building, the
Incurred by Members Thereof offender
Requisites for liability for the acts of the took personal property belonging to another
other members of the band: (M-P-A-N) (4) with intent to gain
1. That the accused was a Member of the
band; subdivision (b) elements:
2. That he was Present at the commission 1. That the offender is inside a dwelling
of a house,
robbery by that band; public building, or edifice devoted to
3. That the other members of the band religious
committed an Assault; and worship, regardless of the circumstances
4. That he did Not attempt to prevent the under which he entered it; and
assault 2. That the offender takes personal property
belonging to another with intent to gain,
Art 297. Attempted and Frustrated under
Robbery any of the following circumstances:
a. by the breaking of doors, wardrobes, Art. 303. Robbery of Cereals, Fruits, or
chests, or any other kind of locked or Firewood in an Uninhabited Place or
sealed furniture or receptacle, or Private
b. by taking such furniture or objects away Building
to be broken or forced open outside the Art. 304. Possession of Picklocks or
place of the robbery Similar
Tools
Art 301. What Is an Inhabited House, Elements: (PAN) (3)
Public 1. That the offender has in his Possession
Building, or Building Dedicated To picklocks or similar tools;
Religious 2. That such picklocks or similar tools are
Worship and Their Dependencies specially Adopted to the commission of
Requisites for Dependencies (CIP)(3) robbery; and
All interior courts, corrals, warehouses, 3. That the offender does Not have lawful
granaries cause
or enclosed places must be: for such possession
a. Contiguous to the building;
b. Having an Interior entrance connected Art. 306. Who are Brigands
therewith, and Elements:
c. Forming Part of the whole. 1. There are at least 4 armed persons;
2. They formed a band of robbers;
Art. 302. Robbery in an Uninhabited 3. Their purpose is any of the following:
Place or a. to commit robbery in the highway, or
in a Private Building b. to kidnap persons for the purpose of
Elements: extortion or to obtain ransom, or
1. That the offender entered an uninhabited c. to attain by means of force and violence
place or a building which is not a dwelling any other purpose
house, not a public building, or not an
edifice Art. 307. Aiding and Abetting a Band of
devoted to religious worship Brigands
2. That with intent to gain, the offender took Elements:
therefrom personal property belonging to 1. That there is a band of brigands;
another; 2. That the offender knows the band to be of
3. That any of the following circumstances brigands; and
was 3. That the offender does any of the
present: following
a. Entrance was effected through an acts:
opening not intended for entrance or a. the offender in any manner aids, abets or
egress; protects such band of brigands, or
b. A wall, roof, floor, or outside door or b. the offender gives them information of the
window was broken; movements of the police or other peace
c. The entrance was effected through the officers of the Government, or
use of false keys, picklocks or other c. the offender acquires or receives the
similar tools; property taken by such brigands
d. A door, wardrobe, chest, or any sealed or
closed furniture or receptacle was Art. 308. Who are Liable for Theft
broken; or Elements:
e. A closed or sealed receptacle was 1. That there be taking of personal property;
removed, even if the same be broken 2. That such property belongs to another;
open elsewhere 3. That the taking be done with intent to
gain;
4. That the taking be done without the obligations due and payable;
consent 2. Offender Absconds with his property; and
of the owner; and 3. That there be Prejudice to his creditors.
5. That the taking be accomplished without
the Art. 315. Swindling (Estafa)
use of violence against or intimidation of Elements, in General:
persons or force upon things 1. Accused defrauded another;
2. Damage or prejudice capable of
Art 310. Qualified Theft pecuniary
Elements: estimation is caused to the offended party
1. Taking of personal property; or
2. Said property belongs to another; third person;
3. Said taking be done with intent to gain; 3. The element of damage or prejudice may
4. It be done without the owner’s consent; consist in:
5. It be accomplished without the use of a. The offended party being deprived of his
violence or intimidation against persons, nor money or property, as a result of the
of force upon things; and defraudation;
6. It be done under any of the qualifying b. Disturbance in property rights; or
circumstances. c. Temporary prejudice.

Art. 312. Occupation of Real Property or Art 316. Other Forms of Swindling
Usurpation of Real Rights in Property Elements (I-N-E-P) (4)
Elements: 1. That the thing be Immovable, such as a
1. That the offender takes possession of parcel of land or a building;
any 2. That the offender, who is Not the owner
real property, or usurps any real rights in of
property; said property, represented that he is the
2. That the real property or real rights owner thereof;
belong to 3. That the offender should have Executed
another; an
3. That violence against or intimidation of act of ownership
persons is used by the offender in (selling, leasing,
occupying encumbering or mortgaging the real
real property or usurpation of real rights in property); and
property; and 4. That the act be made to the Prejudice
4. That there is intent to gain. of the
owner or a third person
Art. 313. Altering Boundaries or
Landmarks Art. 317. Swindling a Minor
Elements: Elements:
1. That there be boundary marks or 1. That the offender takes advantage of the
monuments inexperience or emotions or feelings of a
of towns, provinces, or estates, or any other minor;
marks intended to designate the boundaries 2. That he induces such minor
of the same; and a. to assume an obligation, or
2. That the offender alters said boundary b. to give release, or
marks. c. to execute a transfer of any property
right;
Art. 314. Fraudulent Insolvency 3. That the consideration is
Elements: (DAP) (3) a. some loan of money,
1. Offender is a Debtor, that is, he has b. credit, or
c. other personal property; and such as but not limited to official
4. That the transaction is to the detriment of government
such minor function or business, private transaction,
commerce, trade workshop, meetings,
Art. 318. Other Deceits conferences,
Punishable Acts: or merely incidental to or for a definite
1. By defrauding or damaging another by purpose
any such as but not limited to motels, transient
other deceit not mentioned in preceding dwellings, public conveyances or stops, or
articles; and terminals, regardless of whether the
2. By interpreting dreams, making forecasts, offender had
fortune-telling, or by taking advantage of the knowledge that there are persons in said
credulity of the public in any other similar building
manner, for profit or gain or edifice at the time set on fire and
regardless also
Art. 319. Removal, Sale or Pledge of of whether the building is actually inhabited
Mortgaged Property or not.
Elements of Knowingly Removing 3. Any train, locomotive, ship or vessel,
Mortgaged airship or
Personal Property (5) airplane, devoted to transportation or
1. That personal property is mortgaged conveyance,
under or for public use, entertainment and leisure;
the Chattel Mortgage Law; 4. Any building, factory, warehouse
2. That the offender knows that such installation and
property is any other appurtenances thereto, which are
so mortgaged; devoted to the service of public utilities;
3. That he removes such mortgaged 5. Any building the burning of which is for
personal the
property to any province or city other than purpose of concealing or destroying the
the evidence of
one in which it was located at the time of the another violation of law, or for the purpose
execution of the mortgage; of
4. That the removal is permanent; and concealing bankruptcy or defrauding
5. That there is no written consent of the creditors or to
mortgagee or his executors, administrator or collect from insurance.
assignees to such removal.

ARTICLE 320 – DESTRUCTIVE ARSON Art. 327. Who Are Liable For Malicious
1. One or more buildings or edifices, Mischief
consequent to Elements of Malicious Mischief: (3)
one single act of burning, or as a result of 1. That the offender deliberately caused
simultaneous burnings or committed on damage to the property of another;
several or 2. That such act does not constitute arson
different occasions; or
2. Any building of public or private other crimes involving destruction; and
ownership, 3. That the act of damaging another’s
devoted to public in general, or where property
people be committed merely for the sake of
usually gather or congregate for a definite damaging it.
purpose
Art. 328. Special Cases of Malicious 2. Destroy or damage any useful or
Mischief ornamental
Qualified Malicious Mischief (3): painting of a public nature
1. Causing damage to obstruct performance
of Art. 332. Persons Exempt from Criminal
public functions; Liability
2. Using any poisonous or corrosive No criminal, but only civil, liability shall result
substance; from the commission of the crime of theft,
3. Spreading any infection or contagion swindling or malicious mischief committed
among or
cattle; and caused mutually by the following persons:
4. Causing damage to property of National 1. Spouses, ascendants and descendants,
Museum or National Library, or to any or
archive relatives by affinity in the same line;
or registry, waterworks, road, promenade, 2. The widowed spouse with respect to the
or property which belonged to the deceased
any other thing used in common by the spouse before the same shall have passed
public. into the possession of another; and
3. Brothers and sisters and brothers-in-law
Art. 329. Other Mischiefs and sisters-in-law, if living together.
Examples: The exemption established by this article
1. Scattering human excrement in public shall
building not be applicable to strangers participating
2. Killing of cow as an act of revenge (value in
of the commission of the crime
damage cannot be estimated)
3. A servant releasing a bird from cage as
an act
of hate against its owner (value of the bird
as
basis)

Art. 330. Damage and Obstruction to

Means
of Communication
Any person who shall damage any railway,
telegraph or telephone lines (which, for the
purpose of Article 330, pertain to the electric
wires, traction cables, signal system and
other things pertaining to railways as
constituting an integral part of a railway
system)

Art. 331. Destroying or Damaging

Statues,
Public Monuments, or Paintings
Punishable Acts:
1. Destroy or Damage statues or any other
useful or ornamental public monument; and