KIDNAPPING AND ILLEGAL DETENTION

1. KIDNAPPING AND ILLEGAL DETENTION

2. KIDNAPPING • American Common Law in origin, meaning asportation of a victim without authority of law

3. KIDNAPPING • 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

4. PERPETRATOR • The culprit must necessarily be a private individual or a public officer who is not authorized to apprehend and detain

5. ARBITRARY DETENTION • 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

6. PERPETRATOR • The culprit may be a public officer who is acting in a private capacity

7. UNLAWFUL ARREST (Art 269) • 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

8. UNLAWFUL ARREST • “Without legal grounds” i.e. someone arresting an individual for nonpayment of debt, and delivers him to jail

10. FORCIBLE ABDUCTION “with lewd designs” at the inception or at the outset

12. FORCIBLE ABDUCTION • If the “lewd design” was a mere afterthought, or developed after the victim was abducted, the crime is kidnapping

13. FORCIBLE ABDUCTION • COMPLEX CRIMES • If there was no lewd design at the outset, but the woman was raped while in detention – KIDNAPPING WITH RAPE

14. 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

15. GRAVE COERCION • 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

17. SERIOUS ILLEGAL DETENTION • DETENTION MUST BE ILLEGAL (People vs. Barba)

18. Serious Illegal Detention • 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

19. QUALIFYING CIRCUMSTANCES otherwise, slight illegal detention • MORE than 3 days • Simulating public authority • Serious physical injuries, threats to kill • MINOR

20. Special Aggravating Circumstances – MIP, DEATH • 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

21. SLIGHT ILLEGAL DETENTION • 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

22. LIABILITY FOR ACCOMPLICES • 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

23. KIDNAPPING & FAILURE TO RETURN A MINOR • Must be entrusted with the custody of the minor – fails to return • DOES NOT COVER KIDNAPPING because in kidnapping there was no prior custody

25. SLAVERY & SERVITUDE • “right against involuntary servitude”

26. CRIMES AGAINST SECURITY

27. Abandonment of persons in danger and abandonment of one’s own victim • 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

28. PD 702 - Penalizing hospital managers, directors and Presidents who demand deposits or initial payment before rendering assistance to patients

29. RA 7610, Child Abuse and Exploitation of minors

30. DEFINITION OF TERMS • Children – anyone under 18 whether male or female

31. PROHIBITED ACTS • Child prostitution and sexual abuse – • Attempt in child prostitution

32. 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

33. ATTEMPT TO COMMIT CHILD PROSTITUTION • Receiving services from a child inside a sauna or similar places

34. OTHER PROHIBITED ACTS • 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

36. TRESSPASS TO DWELLING • 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

37. GRAVE THREATS – threatening to inflict a crime against the person/prop/honor of the victim or his family • Imposing any conditions or with a demand for money • Shall have attained purpose • Shall not have attained his purpose

38. LIGHT THREATS • Threats of anything not constituting a crime • BLACKMAIL

39. GRAVE COERCION • V.I.T. – preventing something not prohibited by law • V.I.T. – to do something against his will, whether it be right or wrong

40. LIGHT COERCION • Seize property of debtor for the payment of debt