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KIDNAPPING AND ILLEGAL DETENTION

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KIDNAPPING AND ILLEGAL DETENTION. KIDNAPPING. American Common Law in origin, meaning asportation of a victim without authority of law. KIDNAPPING. American Common Law in origin, meaning asportation of a victim without authority of law

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kidnapping
KIDNAPPING
  • American Common Law in origin, meaning asportation of a victim without authority of law
kidnapping1
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
perpetrator
PERPETRATOR
  • The culprit must necessarily be a private individual or a public officer who is not authorized to apprehend and detain
arbitrary detention
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
perpetrator1
PERPETRATOR
  • The culprit may be a public officer who is acting in a private capacity
unlawful arrest art 269
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
unlawful arrest
UNLAWFUL ARREST
  • “Without legal grounds” i.e. someone arresting an individual for nonpayment of debt, and delivers him to jail
forcible abduction
FORCIBLE ABDUCTION

“with lewd designs” at the inception or at the outset

forcible abduction1
FORCIBLE ABDUCTION
  • If the “lewd design” was a mere afterthought, or developed after the victim was abducted, the crime is kidnapping
forcible abduction2
FORCIBLE ABDUCTION
  • COMPLEX CRIMES
  • If there was no lewd design at the outset, but the woman was raped while in detention – KIDNAPPING WITH RAPE
grave coercion
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
grave coercion1
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
serious illegal detention
SERIOUS ILLEGAL DETENTION
  • DETENTION MUST BE ILLEGAL (People vs. Barba)
serious illegal detention1
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
qualifying circumstances otherwise slight illegal detention
QUALIFYING CIRCUMSTANCES otherwise, slight illegal detention
  • MORE than 3 days
  • Simulating public authority
  • Serious physical injuries, threats to kill
  • MINOR
special aggravating circumstances mip death
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
slight illegal detention
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
liability for accomplices
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
kidnapping failure to return a minor
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
slavery servitude
SLAVERY & SERVITUDE
  • “right against involuntary servitude”
abandonment of persons in danger and abandonment of one s own victim
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
pd 702
PD 702 -

Penalizing hospital managers, directors and Presidents who demand deposits or initial payment before rendering assistance to patients

definition of terms
DEFINITION OF TERMS
  • Children – anyone under 18 whether male or female
prohibited acts
PROHIBITED ACTS
  • Child prostitution and sexual abuse –
  • Attempt in child prostitution
attempt to commit child prostitution
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
attempt to commit child prostitution1
ATTEMPT TO COMMIT CHILD PROSTITUTION
  • Receiving services from a child inside a sauna or similar places
other prohibited acts
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
tresspass to dwelling
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
slide37
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
light threats
LIGHT THREATS
  • Threats of anything not constituting a crime
  • BLACKMAIL
grave coercion2
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
light coercion
LIGHT COERCION
  • Seize property of debtor for the payment of debt
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