Criminal Law › The Revised Penal Code – Book Two › Title IX – Crimes Against Personal Liberty and Security
1. All except Arts. 290–292
Elements:
- That the offender is a Private individual;
- That he Kidnaps or detains another, or in any other manner deprives the latter of liberty;
- That the act of detention or kidnapping must be Illegal; and
- That in the commission of the offense, any of the following circumstances are present
- The kidnapping/detention lasts for more than 3 days, or
- committed by Simulating public authority, or
- any Serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or
- the person kidnapped or detained is a Minor (except if parent is the offender), female or a public officer
Note: If any of these are present, detention becomes serious and purpose of detention is immaterial
Notes:
- An uninhabited place is one where the offender could not expect help for the victim from persons nearby; it need not be a building.
- Building includes any kind of structure for storage or safekeeping of personal property.
- When the property taken is mail matter or large cattle during any of the robberies defined in Arts. 294, 295, 297, 299, 300 and 302, the penalties next higher in degree than those provided in said articles shall be imposed.
- Taking of large cattle is now punished under P.D. 533.
Authorities
- Presidential Decree No. 533
- Revised Penal Code, Sec. 294