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Kidnapping And Serious Illegal Detention


ART.267

ELEMENTS:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any other manner
   deprives the liberty;
3. That the act of detention or kidnapping must be illegal; and
4. That in the commission of the offense, any of the following
   circumstances are present (detention becomes serious):
    a. that the kidnapping/detention lasts for more than 3 days,
    b. that it is committed by simulating public authority,
    c. that any serious physical injuries are inflicted upon the
       person kidnapped or detained or threats to kill him are made, or
    d. that the person kidnapped or detained is a minor
       (except if parent is the offender), female or a public officer.

Qualifying Circumstances:Death is imposed [death penalty suspended]
1. Purpose is to extort ransom.
2. When the victim is killed or dies as a consequence of the detention.
3. When the victim is raped.
4. When victim is subjected to torture of dehumanizing act

The offenders here are private individuals or public officers acting in
their private capacity. If they are public officers, they are covered
by the crimes under Title 2.

When a public officer conspires with a private person in the commission
of any of the crimes under Title IX, the crime is also one committed
under this title and not under Title II.

The purpose is immaterial when any of the circumstances in the first
paragraph of Art. 267 is present.

Essential element: deprivation of liberty.

Definition of ransom: It is the money, price or consideration paid
or demanded for redemption of a captured person or persons, a
payment that releases a person from captivity

Special complex crime of Kidnapping with Murder: When the victim dies
or is killed as a consequence of the detention.

Forcible abduction: If a woman is transported from one place to another
by virtue of restraining her of her liberty, and that act is coupled
with lewd designs.

Serious illegal detention: If a woman is transported just to restrain
her of her liberty. There is no lewd design or lewd intent.

Grave coercion: If a woman is carried away just to break her will, to
compel her to agree to the demand or request by the offender.


PEOPLE vs. OBESO G.R. No. 152285. 10/24/03
It is true that for kidnapping to take place, it is not necessary that
the victim be placed in an enclosure; neither is it necessary that the
detention be prolonged. However, the essence of kidnapping is the
actual deprivation of the victim's liberty coupled with indubitable
proof of the intent of the accused to effect such deprivation.

PEOPLE vs. PICKRELL, G.R No. 120409. 10/23/03
Although the victim my have inceptually consented to go with the
offender to a place but the victim is thereafter prevented, with the
use of force, from leaving the place where he was brought to with his
consent and is detained against his will, the offender
is guilty of kidnapping and serious illegal detention.

PEOPLE vs. PUA, G.R. NO. 144050. 11/11/03
The penalty shall be death where the kidnapping or detention was
committed for the purpose of extorting ransom from the victim or any
other person, even if none of the circumstances mentioned in Article 267
were present in the commission of the offense

People v Padica (1993)
   Where the evident purpose of taking the victim was to kill him, and
   from the acts of the accused it cannot be inferred that the latter’s
   purpose was to actually detain or deprive the victim of his liberty,
   the subsequent killing of the victim did not constitute the crime of
   kidnapping.

   The demand for ransom did not convert the crime into kidnapping,
   since no deprivation of liberty was involved.

People v Luartes (1999)
The essence of kidnapping is the actual deprivation of the victim’s
liberty coupled with the intent of the accused to effect it.

People v Pavillare (2000)
The duration of the detention even if only for a few hours does not
alter the nature of the crime committed.

People v. Tomio
Physical detention is not necessary. It is enough that the victim is
under the complete control of the perpetrators as in this case when
the Japanese victim had to rely on his abductors for survival after
he was tricked into believing that the police was after him.

It was also held in this case that keeping a person as a collateral
for payment of an obligation is kidnapping.

The amendment introduced in our criminal statutes the concept of
"special complex crime" of kidnapping with murder or homicide.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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