QuestionsQuestions (LTO MEMORANDUM)
He is deemed a habitual delinquent if, within a period of years from the date of his release or last conviction, he is found guilty of any serious or less serious physical injuries, robo, hurto, estafa, or falsification a third time or oftener.
Any private individual who kidnaps or detains another, or in any other manner deprives him of liberty.
The penalty is reclusion temporal in its maximum period to death. It reaches death where kidnapping/detention is committed for the purpose of extorting ransom from the victim or any other person, even if the enumerated circumstances in Article 267 are not present.
Examples: (1) detention lasting more than five days; (2) committed simulating public authority; (3) serious physical injuries inflicted or threats to kill made; (4) the victim is a minor, female, or a public officer.
It is a qualifying circumstance under Article 267 that supports a higher penalty range (reclusion temporal in its maximum period to death, with death potentially available if ransom/extortion purpose exists).
It is the commission of the crimes described in the preceding article (kidnapping/serious illegal detention) without the attendance of any of the circumstances enumerated in Article 267.
The same penalty shall be incurred by anyone who furnishes the place for the perpetration of the crime.
If he voluntarily releases the person within three days from the commencement of detention, without having attained the purpose intended, and before the institution of criminal proceedings, the penalty is prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos.
Any person entrusted with the custody of a person who deliberately fails to restore the latter to his parents or guardians is punished by reclusion perpetua.
(1) The accused is entrusted with the custody of a person/minor; (2) the accused deliberately fails to restore the person to his parents or guardians.
Anyone who induces a minor to abandon the home of his parents or guardians or the persons entrusted with his custody.
General rule: prision correctional and a fine not exceeding seven hundred pesos. If the inducer is the father or mother: arresto mayor or a fine not exceeding three hundred pesos, or both.
If robbery is accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery any physical injuries penalized under subdivision 1 of Article 263 are inflicted—then the penalty is reclusion temporal in its medium period to reclusion perpetua.
Prision mayor in its maximum period to reclusion temporal in its medium period when violence/intimidation is clearly unnecessary, or if injuries covered by subdivisions 3 and 4 of Article 263 are inflicted.
Prision correccional in its maximum period to prision mayor in its medium period.
It requires that the value of the property taken exceed two hundred fifty pesos.
Examples: (1) through an opening not intended for entrance or egress; (2) by using false keys, picklocks or similar tools; also (3) through breaking any wall, roof, floor, or breaking any door or window.
It is one of the qualifying modes of entry under paragraph (a). If robbery is committed with such mode, it qualifies under Article 299’s higher penalty conditions.
Examples: (1) breaking doors, wardrobes, chests, or other locked/sealed furniture or receptacles; (2) taking such furniture/objects away to be broken or forced open outside the place of robbery.