Crimes Against Personal Liberty

Article 267. Kidnapping and Serious Illegal Detention.

Penalty: Reclusion Perpetua to Death

Penalty of Death or Maximum Penalty:

1. Kidnapping/Detention committed for the purpose of extorting
ransom from the victim
2. Victim is killed or dies as a consequence of the detention or
raped, or subjected to torture or dehumanizing acts.

There is Deprivation of Liberty and any one of the following

circumstances:
1. Kidnapping lasted for more than three (3) days
2. Simulating Public Authority
3. Any serious physical injuries were inflicted or if threats to kill
were made
4. Person kidnapped is a minor
Exception: Accused is any of the parents, female, or a
public officer

Ransom: It is the money, price, consideration paid or demanded for the

redemption of a captured person, a payment that releases from
captivity.

Article 268. Slight Illegal Detention

Penalty: Reclusion Temporal

Acts punished: Acts detailed in Article 267, WITHOUT the attendance of

any of the circumstances enumerated therein.

Anyone who furnishes the place for the commission of the crime; the
same penalty.

If offender voluntarily releases victim within 3 days from the

commencement of the detention without having attained the purpose
intended, and before the institution of criminal proceedings against
him = prision mayor in its minimum and medium period.

DISCUSSION OF KIDNAPPING AND ILLEGAL DETENTION.

 Essence of Kidnapping: Restraint or deprivation of liberty or that the
victim was transported away against his will, with the primary or
original intent to restraint or deprivation.
o Prove:
1. Intent to Deprive or restrain liberty
2. Actual confinement or restriction of liberty.

The said deprivation should not be a mere incident in the commission

of another offense.

Special Complex Crimes.

1. Kidnapping with Homicide

2. Kidnapping with Rape
3. Kidnapping with Physical Injuries

The person killed, raped, or physically injured should be the victim him
or herself.

The effect of RA 9346 (prohibiting the imposition of death penalty):

distinction between simple kidnapping and kidnapping with homicide
has been erased. Both are punishable by Reclusion Perpetua.

Where taking of the victim is incidental to the basic purpose to kill, the
crime is only murder.

Where the detention of the victim is not shown to be for the purpose of
liquidating him, the crime is kidnapping.

Public officers: although as a general rule, kidnapping may only be

committed by private individuals, public officers who act in their
private capacity, in other words, acting not in furtherance of official
function or in pursuit of their authority, may also commit this crime. In
this case, they are acting in their private capacity.

On Ransom
o It is a qualifying circumstance. Always Kidnapping/Serious Illegal
Detention
o The fact alone that ransom is demanded does not per se qualify
the act of preventing the liberty of movement of the victim of
into kidnapping.
There should be actual restraint or deprivation of liberty,
and that such restraint was the basic intent of the accused.
o IF ransom is late, where it is demanded, but at that time, the
victim was already rescued, then there is no ransom. Only
Kidnapping, and said ransom will not be taken into account.