Services rendered under compulsion in payment of a debt, A274 Revised Penal Code
1. Concept
Services rendered under compulsion in payment of debt – refers to the crime of compelling the debtor to work for the offender, against the debtor’s will, as household servant or farm laborer, in order to require or enforce the payment of a debt.
a. Legal basis
Article 274. Services rendered under compulsion in payment of debt. – The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.
(Revised Penal Code)
2. Modes of commission
The following are the modes of committing the offense:
1) By compelling the debtor to work for the offender, against the debtor’s will, as household servant or farm laborer, in order to require or enforce the payment of a debt
a. Mode 1: Compulsion to pay debt
Elements of the crime of services rendered under compulsion in payment of debt:
1) The offender compels the debtor to work for the offender, against debtor’s will;
2) That the debtor’s work is that of a household servant or farm laborer; and
3) It is in order to require or enforce the payment of a debt. (REVISED PENAL CODE, Article 274)
Element 1: Compulsion to work
For the 1st element, the offender compels the debtor to work for the offender, against the debtor’s will.
Forcing another to work against their will is the very definition of involuntary servitude. Thus, this offense should be co-related to the provision against involuntary servitude under the Civil Code, to wit:
Article 1703. No contract which practically amounts to involuntary servitude, under any guise
whatsoever, shall be valid.
It should be emphasized that that the provision uses the word “compel” without any qualification. Hence, it could mean any form of compulsion, such as physical, verbal, psychological, or analogous thereto.
Notwithstanding, the threat of legal action for non-payment of debt will not amount to compulsion considering that the law recognizes a creditor’s right to sue.
Element 2: Household servant or farm laborer
For the 2nd element, the debtor’s work is that of a household servant or farm laborer.
The provision specifically enumerates these jobs:
1) Household servant; or
2) Farm laborer.
If the work or job is other than those mentioned above such as an office work, then it may be argued that the offense is not committed. Where the law does not distinguish, neither shall we. Ubi lex non distinguit, nec nos distinguere debemus.
Further, considering that this is a criminal law, the provision should be strictly interpreted against the State and in favor of the accused.
Element 3: Payment of debt
For the 3rd element, the purpose is to require or enforce the payment of a debt.
That the offender is compelling the debtor to work for purposes of paying the debt to the offender is the gravamen of the offense.
References
• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended
