Kidnapping and Serious Illegal Detention


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.