1. That the offender is entrusted with the custody of a minor person ; and
2. That he deliberately fails to restore the said
minor to his parents.
If any of the foregoing elements is absent, the kidnapping of the minor
will then fall under Article 267.
The essential element which qualifies the crime of kidnapping a minor
under Art. 270 is that the offender is entrusted with the custody of the
If the accused is any of the parents, Article 267 does not apply; Articles
270 and 271 apply.
If the taking is with the consent of the parents, the crime in Article
270 is committed.
People v. Generosa
The deliberate failure to return a minor under one’s custody
constitutes deprivation of liberty.
Kidnapping and failure to return a minor is necessarily included in
kidnapping and serious illegal detention of a minor under Article
People v. Mendoza
Where a minor child was taken by the accused without the knowledge and
consent of his parents, the crime is kidnapping and serious illegal
detention under Article 267, not kidnapping and failure to return a
minor under Article 270.