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.