Slavery, A272 Revised Penal Code
Slavery – refers to the crime of purchasing, selling, kidnapping, or detaining human beings for the purpose of enslaving them.
1. Concept
Slavery – refers to the crime of purchasing, selling, kidnapping, or detaining human beings for the purpose of enslaving them.
a. Legal basis
Article 272. Slavery. – The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.
If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period.
(Revised Penal Code)
2. Modes of commission
The following are the modes of committing the offense:
1) By purchasing, selling, kidnapping, or detaining human beings for the purpose of enslaving them
a. Mode 1: Purchasing, selling, kidnapping, detaining
Elements of the crime of slavery:
1) The offender purchases, sells, kidnaps or detains a human being;
2) The purpose is enslaving him. (REVISED PENAL CODE, Article 272)
Element 1: Purchases, sells, kidnaps, detains
For the 1st element, the offender purchases, sells, kidnaps, or detains a human being.
Element 2: Enslavement
For the 2nd element, the purpose is to enslave.
3. Things to note
N/A
4. Distinguish from other offenses
N/A
5. In relation to other offenses
This offense is related to the following offenses.
a. R.A. 9208, Anti-Trafficking in Persons Act of 2003
The crime of slavery under the Revised Penal Code should be read in conjunction with Republic Act No. 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by R.A. 11862.
Trafficking in Persons – refers to the recruitment, obtainirlg, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat, or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation which includes at a minimum the exploitation or the prostitution of others, or the distribution, or both, of materials that depict child sexual abuse or exploitation, or other forms of sexual exploitation, forced labor or services slavery servitude, or the removal or sale of organs. (Section 3, R.A. 9208, as amended by R.A. 11862)
6. Complex crime
N/A
7. Special complex crime
N/A
8. Procedural
N/A
References
• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended
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/Updated: August 20, 2023
