KIDNAPPING

By: group 2
 Kidnapping – refers to the act of forcible
transportation or abduction of individuals
against their will.
Article 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 three days.
• 2. If it shall have been committed simulating
public authority.
• 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.
• 4. If the person kidnapped or detained shall
be a minor, except when the accused is any
of the parents, female, or a public officer.
 PENALTY
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.
When the victim is killed or dies as a consequence of the
detention or is raped, or is subjected to torture or
dehumanizing acts, the maximum penalty shall be imposed.
 Modes of commission

The following are the modes of committing

the offense:

1) Kidnapping and serious illegal

detention; and

2) Kidnapping for ransom.

Mode 1: Kidnapping and serious illegal detention
Elements of the crime of kidnapping and serious illegal detention:

01 The offender is a private individual;

02 He kidnaps or detains another or in any other manner deprives

the latter of his liberty;

03 The act of detention or kidnapping must be illegal; and,

04 In the commission of the offense, any of the following

circumstances is present:
(a) The kidnapping or detention lasts for more than three (3) days; or,

b) It is committed by simulating public authority; or,

(c) Serious physical injuries are inflicted upon the person kidnapped
or detained or threats to kill him are made; or,

d) The person kidnapped or detained is a minor, female, or a public

officer. (If the victim of kidnapping and serious illegal detention is a
minor, the duration of his detention is immaterial.) (People v. Fabro,
G.R. No. 208441, 17 July 2017)
 EXAMPLE
A public officer (such as policeman) who has a
duty under the law to detain a person but detains
a person without legal ground is liable for
arbitrary detention defined and penalized under
Article 124 of the Revised Penal Code. Thus, a
public officer who has no legal duty to detain a
person may be prosecuted for illegal detention
and kidnapping. (Footnote 8 in People v.
Mamantak, En Banc, G.R. No. 174659, 28 July
2008)
Mode 2: Kidnapping for ransom
Elements of the crime of kidnapping for ransom:

01 The accused was a private person;

02 He or she kidnapped or detained, or in any manner

deprived another of his or her liberty;

03 The kidnapping or detention was illegal; and

04 The victim was kidnapped or detained for ransom.

(People v. Galicia, G.R. No. 238911, June 28, 2021)
EXAMPLE
The Court entertains no doubt at all that appellant kidnapped Karwin to extort
₱250,000.00 from the latter’s family in exchange for his freedom. The testimony of
Karwin’s sister, Karen, who gave to one of the three young boys the bag containing the
boodle money for delivery to appellant who hid himself at the nearby alley stands
unrebutted. More than that is the ransom note itself placed at the gate of the Amado’s
residence by Gilbert accompanied by Meil. Gilbert positively identified the note he left by
that gate as the very note given him by appellant with specific instructions from the latter
to deliver and leave the note at the gate of the Amado’s residence.
People v. Cornista, G.R. No. 218915, February 19, 2020, Per Hernando, J.:
 MEMBERS:

ONIOT, JURESSA
REBUYAS, VIC
DOROMAL, NIC
TOMODOS, JOANNE
ROSILLOSA, MICHILLE
TAUTUAN, JENALYN
BUGAS, KENNETH
MOTICALBO, JESI