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Article 268. Slight illegal detention. - The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of the circumstances enumerated therein.

The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.

If the offender shall voluntarily release the person so kidnapped or detained within three (3) days from the commencement of the detention, without having attained the purpose intended., and before the institution of criminal proceeding's against him. the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000).

ELEMENTS:
1. That the offender is a private person;
2. That he kidnaps or detains another, or in any other manner deprives the liberty, or he furnishes the place for the perpetuation of the detention;
3. That the act of detention or kidnapping must be illegal;
4. That the crime is committed without the attendance of any of the circumstances enumerated in Art. 267.


PRIVILEGED MITIGATING CIRCUMSTANCE: Penalty is lowered
If the offender:
1. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention;
2. without having attained the purpose intended; and
3. before the institution of criminal proceedings against him.

The prevailing rule now is Asistio v. Judge, which provides that voluntary release will only mitigate criminal liability if the crime was a slight illegal detention. If serious, it has no effect.

The liability of one who furnishes the place where the offended party is being held captive is that of a principal and not of an accomplice.