Kidnapping And Failure To Return A Minor
On Criminal Law
Kidnapping and Failure To Return A Minor
ART.270
ART.270
Kidnapping and failure to return a minor. - The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.
ELEMENTS:
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 minor.
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 267(4).
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.
ELEMENTS:
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 minor.
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 267(4).
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.
Bar Exam Question (2002)
A and B were legally separated. Their child C, a minor, was placed in the custody of A the mother, subject to monthly visitations by B, his father. On one occasion, when B had C in his company, B decided not to return C to his mother. Instead, B took C with him to the United States where he intended for them to reside permanently. What crime, if any, did B commit? Why?
Suggested Answer:
B committed the crime of kidnapping and failure to return a minor under Article 271, in relation to Article 270, of the Revised Penal Code, as amended. Article 271 expressly penalizes any parent who shall take from and deliberately fail to restore his or her minor child to the parent or guardian to whom custody of the minor has been placed. Since the custody of C, the minor, has been given to the mother and B has only the right of monthly visitation, the latter's act of taking C to the United Slates, to reside there permanently, constitutes a violation of said provisions of law.
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