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KIDNAPPING AND SERIOUS ILLEGAL DETENTION

(Art. 267)
Q: What are the elements of this crime?
A:
1. Offender is a private individual who is not any of the parents of the victim
2. He kidnaps or detains another, or in any other manner deprives the latter of his
liberty
3. Act of detention or kidnapping must be illegal
4. In the commission of the offense, any of the following circumstances is present:
a. Kidnapping or detention lasts for more than 3 days
b.It is committed simulating public authority
c. Any serious physical injuries are inflicted upon the person kidnapped or detained
or threats to kill him are made
d. The person kidnapped or detained is a minor, female, or a public officer.

) Trafficking in Persons refers to the recruitment, obtaining, hiring, providing,


offering, transportation, transfer, maintaining, harboring, or receipt of persons with
or without the victims consent or knowledge, within or across national borders by
means of threat, or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of
the person, or, the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.

Terrorism. Any person who commits an act punishable under any of the
following provisions of the Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup dEtat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,
or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful
demand shall
Sec. 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.cralaw

"2.

If it shall have been committed simulating public authority.cralaw

"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.cralaw


"4. If the person kidnapped or detained shall be a minor, female or a public
officer.
Slavery refers to the status or condition of a person over whom any or all of the
powers attaching to the right of ownership are exercised.
That the offender purchases, sells, kidnaps or detains a human being.
That the purpose of the offender is to enslave such human being
Art. 286. Grave Coercion. any person who, without any authority of law,
shall, by means of violence, threats or intimidation, prevent another from
doing something not prohibited by law, or compel him to do something against
his will, whether it be right or wrong.