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ARTICLE 282: GRAVE THREATS

Elements of Grave Threats Where the Offender Attained His


Purpose:
1. That the offender threatens another person with the infliction
upon the latters persons, honor or property, or upon that of the
latters family, of any wrong;
2. That such wrong amounts to a crime;
3. That there is a demand for money or that any other condition is
imposed, even though not unlawful; and
4. That the offender attains his purpose.

Elements of Grave Threats Not Subject to a Condition:


1. That the offender threatens another person with the infiction
upon the latters person, honor or property, or upon that of the
latters family, of any wrong;
2. That such wrong amounts to a crime; and
3. That the threat is not subject to a condition.

Qualifying Circumstance: If threat was made in writing or through


a middleman.

Punishable Acts:
1. 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 (with condition);
2. Making such threat without the offender attaining his purpose;
and
3. 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.

ARTICLE 283: LIGHT THREATS

Elements:
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 other condition that is
imposed, even though not unlawful; and
4. That the offender has attained his purpose, or that he has not
attained his purpose.

ARTICLE 285: OTHER LIGHT THREATS

Punishable Acts:
1. Threatening another with a weapon, or drawing such weapon in
a quarrel, unless it be in a 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; and
3. Orally threatening to do another any harm not constituting a
felony.

ARTICLE 286: GRAVE COERCION

Elements:
1. That a person prevented another from doing something not
prohibited by law, or by compelling 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
has no right to do so, or in other words, that the restraint is not
made under authority of law or in the exercise of any lawful
right.

Punishable Acts:
1. Preventing another by means of violence, threats or intimidation
from doing something not prohibited by law (preventive); and
2. Compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it be
right or wrong.
Qualifying Circumstances:
1. If the coercion is committed in violation of the exercise of the
right of suffrage.
2. If the coercion is committed to compel another to perform any
religious act.
3. If the coercion is committed to prevent another from perform
any religious act.

ARTICLE 267: KIDNAPPING AND SERIOUS ILLEGAL DETENTION

Elements:
1. That the offender is:
a. A private individual who is not any of the parents of the
victim nor a female; or
b. A public officer who has no duty under the law to detain a
person.
2. That he kidnaps or detains another, or in any manner deprives
the latter of his liberty;
3. That the act of detention or kidnapping must be illegal; and
4. That in the commission of the offense, any of the following
circumstances is present:
a. That the kidnapping or detention lasts for more than three
(3) days;
b. That it is committed simulating public authority;
c. That any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are
made; or
d. That the person kidnapped or detained is a minor, female
or public official.

ARTICLE 268: SLIGHT ILLEGAL DETENTION

Elements:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any manner deprives
him of his liberty;
3. That the act of kidnapping or detention is illegal; and
4. That the crime is committed without the attendance of the
circumstances enumerated in Article 26.

Liability is Mitigated when the Following Circumstances Concur:


1. Offender voluntarily releases the person so kidnapped or
detained within three (3) days from the commencement of the
detention;
2. Without having attained the purpose intended; and
3. Before the institution of criminal against him.

ARTICLE 287: LIGHT COERCION


UNJUST VEXATION
It includes any human conduct which although not productive
of some physical or material harm, would, however, unjustly annoy
or vex an innocent.

In determining whether the crime of unjust vexation is


committed, the offenders act must have caused annoyance,
irritation, vexation, torment, distress, or disturbance to the mind of
the person to whom it is directed.

ARTICLE 327: MALICOUS MISCHIEF

Elements:
1. That the offender Deliberately caused damage to the property of
another;
2. That such act does not constitute arson or other crimes
involving destruction; and
3. That the act of damaging anothers property be committed
merely for the sake of damaging it.

ARTICLE 328: SPECIAL CASES OF MALICOUS MISCHIEF


1. Causing damage to obstruct the performance of public
functions;
2. Using poisonous or corrosive substances;
3. Causing damage to the property of the National Musue or
National Library, or to any archive or registry, waterworks, road,
promenade, or any other thing used in common by the public;
and
4. Spreading any infection or contagion among cattle.

ARTICLE 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 will of the owner or occupant.

Qualifying Circumstance: if committed by means of


violence/intimidation.

R.A 10591: COMPREHENSIVE FIREARMS AND AMMUNITION


REGULATION ACT, AMENDING P.D. 1866 AND R.A. 8294

Acts Punishable:
1. Unlawful acquisition or possession of firearms and
ammunition;
a. Aggravating Circumstances:
i. Loaded with ammunition or inserted with a loaded
magazine;
ii. Fitted or mounted with laser or any gadget used to
guide the shooter to hit the target such as thermal
weapon sight and the like;
iii. Fitted or mounted with sniper scope, firearm
muffler or firearm silencer;
iv. Accompanied with an extra barrel; and
v. Converted to be capable of firing full automatic
bursts.
2. Use of loose firearm in the commission of a crime
considered as an aggravating circumstance;
3. Carriage of registered firearm outside of residence by a
licensed person without any legal authority therefor;
4. Unlawful manufacture, sale, importation, acquisition,
disposition or possession of firearms or ammunition or
instruments;
5. Unlawful taking, sale, or disposition by any laborer, worker
or employee of a licensed firearms dealer, of parts of firearms
or ammunition which the company manufactures and sells,
and other materials used by the company in the manufacture
of sale of firearms or ammunition;
6. Arms smuggling;
7. Unlawful tampering, obliteratin or alteration of firearms
identification;
8. Planting evidence or the willful and malicious insertion,
placing and/or attachment, directly or indirectly, through
any overt or covert act, of any firearm or ammunition or parts
thereof in the person, house, effects, or in the immediate
vicinity of an innocent individual for the purpose of
implicating or incriminating the person, or imputing the
commission of any violation of the provisions of this Act to
said individual;
9. Failure to notify lost or stolen firearm of light weapon to the
Firearms and Explosives Office (FEO) of the PNP within 30
days from the discovery;
10. Failure to notify the FEO of the PNP of a licensed persons
change of residence of office address, other than that
indicated in the license card, within 30 days from transfer;
and
11. Illegal transfer or registration of firearms to any person
who has not yet obtained or secured the necessary license or
permit thereof.

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