Kidnapping for ransom

Kidnapping for ransom "I am a police officer and designated as investigator in the local police station here in Mindanao. I have a question regarding a case where I am the investigator-in-case (OIC). I received a kidnapping complaint. The facts of the case are as follows: The offender, a female, is a friend of the mother of the victim. During the incident, the offender and the mother were not in good terms. The victim is an elementary student. The offender fetched the victim from her school. With the use of the offender’s car, they roamed around the city. Then, the offender sent a text message to the mother saying that she would only return the child after the mother had sent her a certain amount of money. The offender, however, released the child after a few hours even before the mother’s sending of the ransom money. What case should I file? Police Corporal IbrahimDear Police Corporal Ibrahim, We suggest that you file a complaint of kidnapping for ransom.The law that covers the case you presented is the Revised Penal Code of the Philippines (RPC). Article 267 of which provides: “Art. 267. 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:“1. If the kidnapping or detention shall have lasted more than three days. “2. If it shall have been committed simulating public authority.“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.“4. If the person kidnapped or detained shall be a minor, female or a public officer.The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person even if none of the circumstances above-mentioned were present in the commission of the offense.” (Underscoring supplied) In People vs. Jonathan Con-Ui and Ramil Maca, (GR 205442, Dec. 11, 2013), the Supreme Court, through Associate Justice Bienvenido Reyes, explained, thus:“The essence of the crime of kidnapping is the actual deprivation of the victim’s liberty, coupled with indubitable proof of the intent of the accused to effect the same.Moreover, if the victim is a minor, or the victim is kidnapped and illegally detained for the purpose of extorting ransom, the duration of his detention becomes inconsequential. Ransom is the money, price or consideration paid or demanded for the redemption of a captured person that will release him from captivity.” (Emphases supplied)Applying the above-mentioned provision and decision to your case, a crime of kidnapping and serious illegal detention were consummated when the offender deprived the child victim of her liberty. It was elevated to kidnapping for ransom when the offender sent a text message to the mother asking for a ransom. This would have the effect of increasing the penalty to death under the last paragraph of Article 267 of the RPC. However, be it noted that death penalty is suspended by the enactment of Republic Act 9346 (“An Act Prohibiting the Imposition of Death Penalty in the Philippines”). The failure of the offender to receive the ransom money is immaterial. Hence, even though the victim was released after a few hours from the time the child victim was deprived of liberty, the crime of kidnapping for ransom was already committed.This opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/