Conclusiones

Section One – Abandonment of helpless persons and Exploitation of minors Art. 275. Abandonment of person in danger and abandonment of one's own victim

 3 acts punished:

1) Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense;

Elements:

1. The place is not inhabited

2. The accused found there is a person wounded or in danger of dying 3. The accused can render assistance w/out detriment to himself 4. The accused fails to render assistance

2) Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured;

3) Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place.

Example

 A saw B at Luneta Park. He was wounded, he was bitten by a dog. He was crying for help, instead of helping B, A took off. Is he liable under Article 275?

- No because Luneta park is not an uninhabited place. Uninhabited place is one where there is remote possibility for the victim to receive some help. Luneta Park is a public place. Therefore, A cannot be held liable under Article 275.

 1^st Act Example

 A was hunting in the forest. He found B in the middle of the forest. There was a big trunk of a tree in his neck; thus, B cannot move. He was begging for help. A however just left. B thereafter was rescued. Can A be held liable under Article 275?

- Yes because A found B in an uninhabited place, the forest. He was wounded, he was in danger of dying because there was a big trunk in his neck. There was no detriment on the part of A if he renders assistance but he failed to render the same. Therefore he is liable under Article 275.

 But what if A found B. B was bitten by a snake and it was still there. B was asking for help but A did not help him because he was afraid that the snake too might bite him. Can A be held liable under Article 275?

- No, because helping B would be detrimental on his part.

 2^nd Act Example

 A was driving his car when suddenly it tripped over a stone. The stone flew, hitting the left eye of a bystander. Is A liable?

- No because it was purely accidental. It is an exempting circumstance. he was performing a lawful act with due care. An incident happened without fault or accident on his part.

 However, when the left eye of the bystander bled, he saw it, instead of bringing the person to the hospital, he sped up. Is A criminally liable?

- Yes, A is criminally liable. When he failed to render assistance to his victim, he is criminally liable under Article 275.

Art. 276. Abandoning a minor Elements:

1. Offender is any person who has custody of a child 2. The child is under 7 years of age

3. That he permanently, deliberately and consciously abandons such child 4. That he has no intent to kill the child when the latter is abandoned

 Penalty will be qualified if –

a. death of the minor shall result by reason of such abandonment or b. the safety of the child has been placed in danger.

Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents

 2 acts punished:

1) Abandonment of a child by a person entrusted with the custody Elements:

1. The offender is any person who has charge of the rearing or education of a minor 2. The he deliver said minor to a public institution or other persons

3. That it is without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities

2) Indifference of Parents Elements:

1. The offender is a parent

2. The he neglects his children by not giving them the education

3. That his station in life requires such education and financial conditions permits it Art. 278. Exploitation of minors.

 The following are the acts punished:

1) Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing, physical strength, or contortion;

2) Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen years of age who are not his children or descendants;

3) Any person engaged in any of the callings enumerated in the next paragraph preceding who shall employ any descendant of his under twelve years of age in such dangerous exhibitions;

4) Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.

In either case, the guardian or curator convicted shall also be removed from office as guardian 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 parental authority;

5) Any person who shall induce any child under sixteen years of age 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 hereof, or to accompany any habitual vagrant or beggar.

 These acts are considered exploitation of minors because these acts endanger the life and safety, the growth and development of said minors. This usually involves circus.

Art. 279. Additional penalties for other offenses. — 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.

Section Two – Trespass to dwelling Art. 280. Qualified trespass to dwelling

Elements:

1. Offender is a private person 2. He enters the dwelling of another

3. That such entrance is against the latter’s will

 Trespass to Dwelling or Qualified Trespass to Dwelling is committed by any private person who shall enter the dwelling of another against the latter's will

 It is committed by a private person because if it is public officer the crime committed is under Art. 128 which is Violation of Domicile. Under Art. 128, when the law says “against the will”, it means that there is some prohibition, there is opposition of entering whether express or implied. Mere entry without the consent of the owner will not bring about qualified trespass to dwelling. If the door is open it means that anybody can enter even without the consent of the owner. The moment he enters he cannot be held liable with qualified trespass because there is no prohibition or opposition to enter. It is necessary that there must be prohibition or opposition from entering.

- It can be express an express prohibition such as, when there is a note stating “ DO NOT ENTER”

or when the door is closed after a person knocks when the owner sees the person knocking.

- It is implied if the door is closed even if it is not locked.

Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

 Trespass to Property Elements:

1. Offender is any person who shall enter the closed premises or the fenced estate of another person 2. 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

 Trespass to Dwelling vs. Trespass to Property

Trespass to Dwelling Trespass to Property Place is a dwelling and

inhabited

Place is a closed premise or the fenced estate of another which is unihabited

Prohibition to enter can either

be express or implied Prohibition to enter must be manifest

Entry was made against the Entry was made without

will of the owner/possessor of

property seeking the permission of the owner/caretaker thereof Example

 Townhouse A was currently uninhabited. There was a notice posted that it was for rent. X entered the said townhouse. What crime was committed by A?

- Trespass to Property because at that time the premises was closed and uninhabited and he enters without securing the permission of the owner or the caretaker.

 A and B, husband and wife, went on vacation for a month. Their house was therefore uninhabited. X learned that there was no one inside the house. he entered the house. what crime was committed? Is it Trespass to Property or Qualified Trespass to Dwelling?

- Qualified Trespass to Dwelling. It is a residential place and someone is occupying it even if at the moment it is uninhabited because the owners went on vacation. It is considered an inhabited place therefore the moment someone enters, it is considered trespass to dwelling and not trespass to property.

Section Three – Threats and coercion 3 kinds of threats:

1. Grave threats 2. Light threats 3. Other light threats Art. 282. Grave threats

Acts punished:

1) Threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime coupled with a demand of money or imposition of any other condition, even though not unlawful, and said offender attained his purpose

2) Threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime coupled with the demand of money of money or imposition any other condition, even though not unlawful, and said offender did not attain his purpose

3) Threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime without the demand of money or imposition of any other condition

Art. 283. Light threats Light threats:

- Any threat to commit a wrong not constituting a crime, but it is always subject to a demand of money or imposition of any other condition, even though not unlawful

Art. 284. Bond for good behavior Example:

 A threatened to kill B. B filed a case of grave threats against A. Upon filing of the case, what bail if any should the court impose upon A?

ANS: BOND FOR GOOD BEHAVIOR - is a bail required by the court to be posted by any accused only in the crimes of grave threats and other light threats. This is to ensure that the offender will not make good the threat imposed by him. Failure to post the bond, the offender shall be sentenced to destierro.

Art. 285. Other light threats Acts punished:

1) Threatening another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense

2) Orally threatening, in the heat of anger, another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat

3) Orally threatening to do another any harm not constituting a felony

 Whether it be grave, light or other light threats, the essence of the threats is intimidation - the promise of a future wrong or harm.

 Threats can be committed personally, orally, in writing or through an intermediary. If committed in writing or through an intermediary, the penalty is qualified.

 A learned that B was spreading negative rumors against him. A was so mad so he went to the house of B and shouted, “B get out of your house. I will kill you! I will kill you!” But B did not go out of the house. Instead, it was the son of B who went out. A told the son to let his father go out because A would kill him. Upon hearing this, the son went inside the house and did not go back. B as well did not go out. Later, A left B’s house.

CRIME: A committed other light threats. A, in the heat of anger, orally threatened B with a wrong constituting a crime but he did not pursue the idea.

 A saw that B has a new Lexus. A knew that the car was smuggled. A told B. “If you will not give me 500,000php, I will tell the Bureau of Customs that your car is smuggled.”

CRIME: Light threats. A threatened to commit a wrong not constituting a crime. It is not a crime to tell Customs that the car was smuggled. The threat is subject to a demand of money or the imposition of any other condition, even though not unlawful.