TITLE 9: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Question 1

Elements of Kidnapping and Serious Illegal Detention

Answer 1

1. The offender is a private individual;
2. He kidnaps or detains another or in any other
   manner depriving him of his liberty;
3. The said kidnapping or detention is without legal
   ground; and
4. The said kidnapping or detention is attended by
   any of the following circumstances –
   a. when the kidnapping or detention shall
   have lasted for more than 3 days;
   b. if it is committed by simulating public
   authority;
   c. if any serious physical injuries have been
   inflicted on the person kidnapped or detained or threats to kill him have been
   made; or
   d. if the person kidnapped or detained is a
   female, a public officer, or a minor.

Question 2

QUALIFYING CIRCUMSTANCES of Art 267

Answer 2

1. When the kidnapping or detention is for the
   purpose of extorting ransom from the victim or any
   other person; or
2. When the victim is killed or dies as a consequence
   of the kidnapping or detention or raped or is
   subjected to torture or dehumanizing acts.