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Kidnapping

The document discusses Philippine laws around kidnapping and illegal detention. It outlines the penalties for kidnapping or detaining someone, including situations where the victim is injured, threatened, a minor or public officer. It also covers penalties for slight illegal detention and unlawful arrest.

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Cesar Cañonaso
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38 views

Kidnapping

The document discusses Philippine laws around kidnapping and illegal detention. It outlines the penalties for kidnapping or detaining someone, including situations where the victim is injured, threatened, a minor or public officer. It also covers penalties for slight illegal detention and unlawful arrest.

Uploaded by

Cesar Cañonaso
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Art 267- Kidnapping and serious illegal detention.

 — Any private individual who


shall kidnap or detain another, or in any other manner deprive him of his
liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five
days. chanrobles virtual law library

2. If it shall have been committed simulating public authority. chanrobles virtual law library

3. If any serious physical injuries shall have been inflicted upon the
person kidnapped or detained; or if threats to kill him shall have
been made. chanrobles virtual law library

4. If the person kidnapped or detained shall be a minor, female or a


public officer. chanrobles virtual law library

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 above-mentioned were present in
the commission of the offense.

ELEMENTS

That the offender is a private individual


That the kidnaps or detains another or in any other manner deprives the later of his liberty
That the act of detention or kidnapping must be illegal
That in the commission of the offense any of the following circumstances is present:
(a) That the kidnapping or detention lasts for more than three days
(b) That the committed 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, female or public officer

Note:

 If the offender is a public officer, the crime is arbitrary detention


 Penalty when the victim is minor and accused is one of the parents (Art. 271 arresto mayor or a
fine not exceeding P300.00 or both)
 Intention to deprive the victim of his liberty for purpose of extorting ransom on the part of the
accused is essential in the crime of kidnapping
 The carrying away of victim in the crime of kidnapping can either be made forcibly or
fraudulently
 The accused is not liable when there is lack of motive to resort kidnapping
 Detention or locking up of victim is essential
 Leaving a child in the house of another where he had freedom of locomotion but not freedom to
leave it at will deprives him of liberty
Art 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 circumstances enumerated therein. chanrobles virtual law library

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

If the offender shall voluntarily release the person so kidnapped or


detained within three days from the commencement of the
detention, without having attained the purpose intended, and before
the institution of criminal proceedings against him, the penalty shall
be prision mayor in its minimum and medium periods and a fine not
exceeding seven hundred pesos. chanrobles virtual law library

ELEMENTS:
That the offender is a private individual
That he kidnaps or detains another, or in any other manner deprives him of hi liberty
That the act of kidnapping or detention is illegal
That the crime is committed without the attendance of any of the circumstances enumerated in Article
267

 Liability of accomplice in slight illegal detention


(Anyone who furnished the place for the perpetration of the crime.)
 Privilege mitigating circumstance in slight illegal detention
( voluntary releases the person so kidnapped or detained within 3 days from the commencement of the
detention) ( B) without having attained the purpose intended © before the institution of criminal
proceedings against him, his liability is mitigated.
 Voluntary release is not an exempting circumstance

Art 269- Unlawful arrest. — The penalty of arresto mayor and a fine not
exceeding 100,000 pesos shall be imposed upon any person who, in any
case other than those authorized by law, or without reasonable ground
therefor, shall arrest or detain another for the purpose of delivering him to
the proper authorities. chanrobles virtual law library

Elements
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the proper authorities
3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor
Note
The offender is any person whether a public officer or private individual
There is unlawful arrest, when the arrest is authorize by warrant issued by court
There is no unlawful arrest, when the arrest is authorized by a warrant issued by the court
Unlawful arrest distinguished from other illegal detention

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