People of the Philippines vs.

Aaron Flores
G.R. No. 116488, May 31, 2001

Facts:
On the night of September 29, 1992, the victim, Samson Sayam, was
drinking beer at the store where the defendants are also drinking beer. Sayam
joined the accused at their table and after sometine they left the store and walked
towardss the direction of the military detachment headquarters. After the accused
left the store with Samson Sayam, witnesses heard a single gunshot followed by
rapid firing coming from the direction of the detachment headquarters. That was
the last time Samson Sayam was seen, and despite diligent efforts of Sayam’s
mother and relatives, he has not been found.
The trial court held that the four accused were responsible for Sayam’s
disappearance since Sayam has not been seen or heard since then. All the
accused vehemently denied committing the acts charged.

Issue:
Is Art. 267 of The Revised Penal Code violated by the accused?

Ruling:
No, the accused did not violate Art. 267 of The Revised Penal Code.
Article 267 of The Revised Penal Code states that “ Kidnapping and
serious illegal detention. – Any private individual who shall kidnap or detain
another, or in any manner deprive him of his liberty, shall suffer the penalty of
reclusion perpetua to death.”
In this case, Accused-appellants cannot be charged with or convicted of
the crime of Kidnapping and Serious Illegal Detention, since the first element of
the said crime is that the offender must be a private individual. Accused-
appellants were members of the local CAFGU at the time the alleged crime was
committed.