KIDNAPPING AND ILLEGAL DETENTION
KIDNAPPING
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American Common Law in origin,
meaning asportation of a victim
without authority of law
KIDNAPPING
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American Common Law in origin,
meaning asportation of a victim
without authority of law
Detention may not require the taking
away of a person from one place to
another
PERPETRATOR

The culprit must necessarily be a
private individual or a public officer
who is not authorized to apprehend
and detain
ARBITRARY DETENTION
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If the CULPRIT is a public officer
specifically authorized to arrest and
detain, then the crime would be
ARBITRARY DETENTION under Article
124 of the RPC
PERPETRATOR
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The culprit may be a public officer who
is acting in a private capacity
UNLAWFUL ARREST (Art 269)
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If the CULPRIT is a private individual
or a public officer who arrests anyone
WITHOUT LEGAL GROUNDS for the
purpose of delivering the victim to the
proper authorities
UNLAWFUL ARREST

“Without legal grounds” i.e. someone
arresting an individual for nonpayment
of debt, and delivers him to jail
FORCIBLE
ABDUCTION
“with lewd designs” at the
inception or at the outset
FORCIBLE ABDUCTION
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If the “lewd design” was a mere
afterthought, or developed after the
victim was abducted, the crime is
kidnapping
FORCIBLE ABDUCTION
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COMPLEX CRIMES
If there was no lewd design at the
outset, but the woman was raped
while in detention – KIDNAPPING
WITH RAPE
GRAVE COERCION

Where there was no intent to detain at
the outset, but the victim was forced
to go somewhere against his will, the
crime is COERCION
GRAVE COERCION
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PEOPLE vs. MARASIGAN, CA, 55 OG –
where a girl was dragged 3 meters
away against her will and then
released because of her
remonstrations
Cannot qualify as asportation –
NO DETENTION
SERIOUS ILLEGAL
DETENTION

DETENTION MUST BE ILLEGAL
(People vs. Barba)
Serious Illegal Detention
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PURPOSE – Deprivation of liberty
(People vs. Puno, 1993 – purpose of
detention must be the deprivation of
the victim’s liberty)
PURPOSE must exists at the outset or
at the inception – otherwise merely
contributed to the means
QUALIFYING CIRCUMSTANCES
otherwise, slight illegal detention
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MORE than 3 days
Simulating public authority
Serious physical injuries, threats to kill
MINOR
Special Aggravating
Circumstances – MIP, DEATH
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For the purpose of extorting ransom
(PP v. Puno, supra – when money was
immediately obtained)
When victim is killed or dies as a
consequence of the detention
RAPE
Torture or dehumanizing acts
SLIGHT ILLEGAL
DETENTION

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NONE of QC in Art 267
Voluntary release within 3 days –
without having attained purpose
Voluntary release within 3 days and
before institution of criminal
proceedings
LIABILITY FOR ACCOMPLICES

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In 267, the person who furnished the
place of detention but was not in
conspiracy with the offenders is
merely an accomplice – hence 1 deg.
Lower
But in 268, his penalty shall be the
same as that of principals
KIDNAPPING & FAILURE
TO RETURN A MINOR
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Must be entrusted with the custody of
the minor – fails to return
DOES NOT COVER KIDNAPPING
because in kidnapping there was no
prior custody
SLAVERY & SERVITUDE

“right against involuntary servitude”
CRIMES AGAINST SECURITY
Abandonment of persons in
danger and abandonment of
one’s own victim
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Fails to render assistance –
uninhabited place: wounded, dying:
NO DETRIMENT TO HIMSELF
Fails to help victim of accident
Founder of abandoned child less than
7 years
276 – abandoning a minor less than 7
under his custody
PD 702 Penalizing hospital managers, directors
and Presidents who demand deposits
or initial payment before rendering
assistance to patients
RA 7610, Child Abuse and
Exploitation of minors
DEFINITION OF TERMS

Children – anyone under 18 whether
male or female
PROHIBITED ACTS

Child prostitution and sexual abuse –

Attempt in child prostitution
ATTEMPT TO COMMIT
CHILD PROSTITUTION

When a person who is not a relative is
found inside a room with a minor,
alone and in a secluded place under
circumstances that would lead a
reasonable man to believe that the
child is about to be subjected to
sexual abuse or exploitation
ATTEMPT TO COMMIT
CHILD PROSTITUTION

Receiving services from a child inside
a sauna or similar places
OTHER PROHIBITED
ACTS
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Child trafficking
Obscene publication and indecent
shows
Keeping a minor under 12 years or
MORE THAN 10 YEARS HIS JUNIOR in
a pension house, sauna, etc
TRESSPASS TO DWELLING
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Entering any enclosure or fenced premises
QUALIFIED TRESPASS (Art 280) – entering
the dwelling of another (AC when entrance
is by force or intimidation) – unless done to
prevent serious harm to himself or the
occupants of the dwelling; cafes, taverns,
some service to humanity
GRAVE THREATS – threatening to
inflict a crime against the
person/prop/honor of the victim or
his family
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Imposing any conditions or with a
demand for money
Shall have attained purpose
Shall not have attained his purpose
LIGHT THREATS
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Threats of anything not constituting a
crime
BLACKMAIL
GRAVE COERCION
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V.I.T. – preventing something not
prohibited by law
V.I.T. – to do something against his
will, whether it be right or wrong
LIGHT COERCION

Seize property of debtor for the
payment of debt