Fase 4: diseño de la propuesta de alfabetización informacional
7. ANÁLISIS DE RESULTADOS
7.4. Categoría 4: derecho de autor y comunicación de la información
a Minor
1. That the offender has the custody of a child 2. That the child is under 7 years of age 3. That he abandons such child
4. That he has not intent to kill the child when the latter is abandoned
Qualifying Circumstances:
1. When death of the minor resulted from such abandonment, or
2. if the life of the minor was in danger because of the abandonment
A Mayor and a fine not exceeding P500 PC medium and maximum – results in death of minor
PC minimum and medium – endanger life of minor
1. When there is intent to kill this article does not apply
2. Intent to kill cannot be presumed from the death of a child
a. Crimes against Persons – intent to kill is presumed
b. Crimes against Security – intent to kill is not presumed
3. A permanent, conscious and deliberate abandonment is required by this article 4. Parents guilty of abandoning their children
shall be deprived of parental authority 277
Abandon-ment of Minor by
Person Entrusted
with His Custody;
Indifference of Parents
Acts Punished:
1. By delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities a. The offender has charge of the rearing/education of a
minor
b. He delivers minor to a public institution or other persons
c. 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
2. By neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits
a. That the offender is a parent
A Mayor and a fine not exceeding P500
1. Rear – bring to maturity by educating, nourishing,
2. Only the person charged with “the rearing or education” of the minor is liable
3. Article 276 Distinguished from Article 277 a. Article 276 – the custody of the offender
is general; Article 277 – the custody of the offender is specific (custody for the rearing or education of minor)
b. Article 276 – minor is under 7; Article 277 – minor is under 21 [18]
c. Article 276 – minor is abandoned in such a way as to deprive him of the care and protection that his tender years need;
Article 277 – minor is delivered to a public institution or other person 4. Failure to give education must be due to
b. That he neglects his children by not giving them education
c. That his station in life requires such education and his financial condition permits it
deliberate desire to evade such obligation
278 Exploitation
of Minors
Acts Punished:
1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person
2. By employing children under 16 who are not the 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 person engaged in a similar calling
3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of the said callings 4. By delivering a child under 16 gratuitously to any person
following any of the calling enumerated in paragraph 2, 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. By inducing any child under 16 to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person
PC in minimum and medium and a fine not exceeding P500 Maximum period – if delivery shall have been made in consideration of any price, compensation, or promise
1. Exploitation of minors distinguished from Inducing a minor to abandon his home a. Exploitation of minors – if the purpose is
to follow any of the mentioned callings;
Inducing Minor – if there is no such purpose
b. Exploitation – victim must be under 16;
Inducing minor – minor under 21 [18]
2. Offender shall be deprived of parental authority or guardianship
3. Exploitation of minors must refer to act endangering the life or safety of the minor 4. Qualifying Circumstance – if delivery is made
in consideration of any price, compensation or promise
279 Additional
Penalties
The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code.
280 Qualified Trespass to
Dwelling
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 Exceptions:
1.
If the entrance to another’s dwelling is made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a 3rd person2. If the purpose is to render some service to humanity or justice
3. If the place where entrance is made is a café, tavern, inn, and other public houses, while the same are still open
A Mayor and fine note exceeding P1,000
PC medium and maximum and fine not exceeding P1,000 – committed by means of violence
5. If the offender is a public officer, the crime would be violation of domicile
6. Lack of permission does not amount to prohibition, there must be opposition on the part of the owner of the house to the entry of the accused
7. Prohibition may be implied in certain instances (e.g. considering time, door was closed, etc.)
8. Prohibition must be in existence prior to or at the time of the entrance
9. What is intended to be protected and preserved is the privacy of one’s dwelling
Qualifying Circumstance – if the offense is committed by means of violence or intimidation
Dwelling Place – any building or structure exclusively devoted for rest and comfort
10. Violence does not refer to persons only 11. Violence or intimidation may take place
immediately after the entrance
12. Trespass may be committed by owner of dwelling
13. If there is no overt act to commit another crime, the crime is only trespass to dwelling 281
Other Forms of Trespass
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
A Menor or a fine not exceeding P200, or both
1. Premises – distinct and definite locality 2. Art 281 Distinguished from Trespass to
Dwelling:
a. Trespass – offender is private person;
Other Trespass – any person
b. Trespass – offender enters a dwelling house; Other Trespass – enters closed premises or fenced in estate
c. Trespass – inhabited; Other Trespass – uninhabited
d. Trespass – against the will of the owner;
Other Trespass – without securing permission of owner or caretaker e. Trespass – prohibition is
express/implied; Other Trespass – prohibition to enter is manifest 282
Grave Threats
Acts Punished:
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 thought not unlawful, and the offender attained his purpose
a. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong b. That such wrong amounts to a crime
c. That there is a demand for money or that any other condition is imposed, even though not unlawful d. That the offender attains his purpose
2. By making such threat without the offender attaining his purpose
3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition
a. That the offender threatens another person with
Penalty next lower in degree than that prescribed by law for the crime he threatened to commit
Penalty lower by 2 degrees – if offender did not attain his purpose
Maximum Period – if threat in writing or thru a middleman A Mayor and a fine not
1. Penalty will depend on whether or not offender attained his purpose; if the threat is not subject to a condition, the penalty is fixed
2. Qualifying Circumstances:
a. Threat made in writing
b. Threat made thru a middleman
3. Third form of grave threats must be serious and deliberate
4. If the threat is made in a heat of anger, it is not punished under this article
5. If the condition is not proved, it is grave threats under sub-paragraph 2
6. Essence of the crime of threats is intimidation
7. The act threatened to be committed must be wrong
8. Grave threats may be committed even if the complainant is absent when challenge is made
the infliction upon the latter’s person, honor, or property, or upon the latter’s family, of any wrong b. That such wrong amounts to a crime
c. That the threat is not subject to a condition
exceeding P500
– if no condition 9. Crime of grave threats is consummated as soon as the threats come to the knowledge of the person threatened
10. Threats made in connection with the
commission of other crimes are absorbed by the latter.
11. The offender in grave threats does not demand the delivery on the spot of the money or other personal property asked of him (crime of robbery)
283
Light Threats 1. That the offender makes a threat to commit a crime 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 lawful
4. That the offender has attained or not attained his purpose
A Mayor 1. Light threats are committed in the same manner as grave threats, except that the act threatened to be committed should not be a crime
2. Blackmailing may be punishable under this article
284