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I. Introduction: Art.

270 lays down the penalty for kidnapping and enumerates when
the detention becomes serious. The concept is of American origin
1. To kidnap is to forcibly take a person from he has a right to be ( such as his place
of work, residence, rest and recreation, school, street, park or public place) and
bring him to another. The taking is always without the consent of the victim.
Kidnapping need not be followed by detention as where the talking was only to
briefly restrain the victim. It is usually for ransom.
2. To detain is to deprive a person of his liberty or restrict his freedom of
locomotion or movement, and may not involve a kidnapping. This includes the
following situations:
a). Lock up or actual physical deprivation of the personal liberty by confinement in
an enclosure
b). immobilizing the victim though he has not been placed din an enclosure
c). by placing physical, moral or psychological restraint on his freedom of
locomotion or movement
d). The detention may either be Serious Art. 267 or Slight ( Art. 268)

II. Persons Liable.


A. The offender is a private person and not a Public Officer else the crime is
Arbitrary Detention, unless the latter has no duty to arrest or order the detention of
another.
B. One who furnished the place of detention is liable as an accomplice unless he
was in conspiracy with the other accused.

III. The circumstances which make the detention serious are:


1. The kidnapping or detention shall have lasted more than 3 days
2. It is committed by simulating public authority
Example: a person represents himself to be a police investigator who tells victim he
will bring him to the police station, but brings him elsewhere
3. If serious physical injuries were inflicted or threats to kill were made
4. If victim is a minor, female or public officer. In case of minors, the kidnapper
should not be the parent.
IV.. Kidnapping for Ransom. The victim is held hostage until demands of
the kidnapper are met.
1. The penalty is death
2. Ransom is any consideration, whether in the form of money, articles of value, or
services or favors, for the release of a person.
3. It need not be given or received it being sufficient that a demand was made
4..Examples: (i).The son of the Judge will be released if the Judge dismisses a case
or allows the bail to be reduced (2) The grandson of a physician will be released if
the physician will perform an operation on the mother of a friend of the kidnappers
(3) The wife of a politician will be released if the husband makes a public apology
(4) The pupils of a school will be released if the school lowers its tuition fees.

V. New Special Complex/Composite Crimes


1. Kidnapping/Serious Illegal Detention with Homicide
a). The person killed is the victim of the kidnapping or illegal detention. If the
person killed is a third person, such as the bodyguard, the driver or an innocent
person, it is article 48 which applies and the crime is an ordinary complex crime.
b). Hence previous decisions which say the crime is either murder or kidnapping
depending on the intention of the accused do not anymore hold water. It is enough
the victim was killed whether the original intention was to kill or to detain.
2. Kidnapping/Serious Illegal Detention with Rape. The victim of rape is the victim
of kidnapping and not a third person else the rape is a separate offense.
a) Includes a situation where several rapes are committed
b) The taking way must not be with lewd designs
3. Kidnapping /Serious Illegal Detention with Physical Injuries as a result of torture
or dehumanizing acts
(i). Question: A Woman was kidnapped, ransom was demanded, and then later was
killed. What crime was committed? (Answer): Kidnapping for Ransom with Murder.
( PP. vs. Ramos: Oct. 12, 1998)
(ii). Question: Suppose the victim was also raped before being killed? (Answer). It is
still Kidnapping for ransom with Murder. The rape will be considered as an
aggravating circumstance
(iii). Question: The robbers held hostage the customers of a bank as human shield
against the police. Are they also liable for detention? (Answer) The detention in
robbery is absorbed unless the victims are detained to compel delivery of money

VI. Distinguished from Other Crimes Which Involved Detention and Taking
Away of a Person

1. From coercion- where there is no intent to detain or deprive a person of his


liberty. Examples:
a). dragging a woman to a waiting car but was let go due to her remonstrations or
because she was able to wrest herself free.
b). a debtor was forcible taken from his store and brought to a house to compel him
to pay
c). A woman was taken to a house and kept there in order to break her will and
agree to marry the accused
d). Where a woman was seen dragging along a missing boy who was crying and
refusing to go with her

2. Abduction- where the taking away of the woman against her will (Forcible
Abduction) or by artifice upon a minor girl (Consented Abduction)) was with lewd
designs, which was present at the very moment of the taking away, as it was the
purpose thereof.

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