Crimes Against Liberty

Question 1

Art. 267- Kidnapping and serious illegal detention - Elements

Answer 1

i. The offender is a private individual;
ii. That individual kidnaps or detains another or in any other manner deprives the latter of liberty;
iii. The act of detention or kidnapping is illegal;
iv. In the commission of the offense, any of the following circumstances is present:
(1) The kidnapping or detention lasts for more than 3 days.
(2) It is committed by one who simulates public authority.
(3) Any serious physical injury is inflicted upon the person kidnapped or detained, or any threat to kill that person is made.
(4) The person kidnapped or detained is a minor, a female or a public officer. (People v. Borja, G. R. No. 199710, 2 August 2017, 834 SCRA 192)

Question 2

Art. 268- Slight Illegal Detention

Elements

Answer 2

i. That the offender is a private individual.
ii. That he kidnaps or detains another, or in any other manner deprives him of his liberty.
iii. That the act of kidnapping or detention is illegal.
iv. That the crime is committed without the attendance of any of the circumstances enumerated in Article 267. (People v. Concepcion, G. R. No. 214886, 4 April 2018, 860 SCRA 476)