Blog Lecture No. 72: Illegal detention
Now for another timely topic...
This will be very short and straightforward...
What are the kinds of illegal detention?
It's basically kidnapping, serious illegal detention and slight illegal detention.
What does our penal laws provide?
The Revised Penal Code states:
What is kidnapping?
It's a compound of two words: kid and napping (from an obsolete term "napper" meaning a thief). To seize and detain or carry away by unlawful force or fraud and often with a demand for ransom.
It used to refer only to stealing a child but now covers a person of any age.
What is illegal detention?
This means to jail, cage or any manner of deprivation of liberty. As long as a person is forbidden to leave to place of detention or go anywhere he/she pleases, there is illegal detention.
There is illegal detention if schoolchildren are not allowed to leave a tourist bus.
What makes an illegal detention serious?
It will be serious (and hence, serious penalties) when:
1. If the kidnapping or detention lasted more than five days.
2. If it was committed simulating public authority. (for instance, the kidnapper impersonated a police officer, etc.)
3. If any serious physical injuries was inflicted upon the person kidnapped or detained; or if threats to kill him were made.
4. If the person kidnapped or detained shall be a minor, female or a public officer.
5. If the kidnapper was for purposes of ransom (known here as a "KFR" or a kidnap-for-ransom); and the law does not seem to require require ransom being actually demanded, but see slight illegal detention below.
What is slight illegal detention?
It is such when:
1. If it does not qualify as serious illegal detention above.
2. If the offender merely furnished the place of detention (unless there is a conspiracy, of course)
3. If the kidnapper offender voluntarily released the person so kidnapped or detained within three days, without having attained the purpose intended, and before the institution of criminal proceedings against him.
So what is the crime committed by that bus hostage-taker?
Serious illegal detention, because he hostaged minors.
This will be very short and straightforward...
What are the kinds of illegal detention?
It's basically kidnapping, serious illegal detention and slight illegal detention.
What does our penal laws provide?
The Revised Penal Code states:
Art. 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 five 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, female or a public officer.
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.
Art. 268. Slight illegal detention. — The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.
If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos.
What is kidnapping?
It's a compound of two words: kid and napping (from an obsolete term "napper" meaning a thief). To seize and detain or carry away by unlawful force or fraud and often with a demand for ransom.
It used to refer only to stealing a child but now covers a person of any age.
What is illegal detention?
This means to jail, cage or any manner of deprivation of liberty. As long as a person is forbidden to leave to place of detention or go anywhere he/she pleases, there is illegal detention.
There is illegal detention if schoolchildren are not allowed to leave a tourist bus.
What makes an illegal detention serious?
It will be serious (and hence, serious penalties) when:
1. If the kidnapping or detention lasted more than five days.
2. If it was committed simulating public authority. (for instance, the kidnapper impersonated a police officer, etc.)
3. If any serious physical injuries was inflicted upon the person kidnapped or detained; or if threats to kill him were made.
4. If the person kidnapped or detained shall be a minor, female or a public officer.
5. If the kidnapper was for purposes of ransom (known here as a "KFR" or a kidnap-for-ransom); and the law does not seem to require require ransom being actually demanded, but see slight illegal detention below.
What is slight illegal detention?
It is such when:
1. If it does not qualify as serious illegal detention above.
2. If the offender merely furnished the place of detention (unless there is a conspiracy, of course)
3. If the kidnapper offender voluntarily released the person so kidnapped or detained within three days, without having attained the purpose intended, and before the institution of criminal proceedings against him.
So what is the crime committed by that bus hostage-taker?
Serious illegal detention, because he hostaged minors.
transcription by Punzi @ 7:28 AM
1 Objection(s):
According to people vs felwa (http://www.lawphil.net/judjuris/juri2001/apr2001/gr_126024_2001.html)
Under said Article, kidnapping or serious illegal detention is committed when the following elements of the crime are present: (1) that the offender is a private individual; 92) that he kidnaps or detains another, or in any manner deprives the latter of his liberty; (3) that the act of detention or kidnapping must be illegal; and (4) in the commission of the offense, any of the following circumstances is present: (a) that the kidnapping or detention lasts for more than 5 days; or (b) that it is committed simulating public authority; or (c) that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) that the person kidnapped or detained is a minor, female, or a public officer.
but how does kidnapping and illegal serious detention differ from each other? (or they only differ from the word?)
what if the offender uses a vehicle (in this case, a bus) to consummate the crime, will it also be considered as an aggravating circumstance against him?
if i will be council to jun ducat, i will plea for guilty and after conviction, i will ask the president for pardon in order for my him to extinguish his criminal liability. after all, even president gloria macapagal arroyo love the minor children who was taken as a hostage.
gee... the philippines is really a nice country especially for politicians...
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