Specialized Crime Investigation 2

with Simulation on Interrogation and Interview (CDI 3)

10:00AM to 12:00NN every Saturday

Week 4 – Other Special Cases

PSMS Eman M Mantala, MPA, Ph.DIIS-OMD/

PNPA
Learning Objective

At the end of this lesson the student should be able

to;
1. Know the difference between kidnapping and illegal
detention;
2. Differentiate illegal detention and arbitrary detention;
3. Understand the salient point feature of RA 9028
otherwise known as Anti-trafficking in Person Act of
2003; and
4. Explain the meaning of trafficking in Persons and
Savery.
What is Article 267 of the Revised Penal Code?

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: ... If
the person kidnapped or detained shall be a minor, female
or a public officer
 CRIMES AGAINST PERSON

Elements of Kidnapping and Serious Illegal Detention under Art. 267 of the Revised Penal Code,
as amended, are:
(1) the offender is a private individual;
(2) he kidnaps or detains another or in any other manner deprives the latter of his liberty;
(3) the act of detention or kidnapping must be illegal; and
(4) in the commission of the offense, any of the following circumstances is present:
(a) the kidnapping or detention lasts for more than three days; or
(b) it is committed by simulating public authority; or
(c) serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill
him are made; or
(d) the person kidnapped or detained is a minor, female, or a public officer; if the victim of
kidnapping and serious illegal detention is a minor, the duration of his detention is immaterial.
(People vs. Fabro, G.R. No. 208441, July 17, 2017)
 The fact that the kid was not physically restrained of
his movement is immaterial. This was explained in the
case of People of the Philippines vs. Fabro or Manalastas
(GR 208441, July 17, 2017)
 People Vs. Jerry R. Pepino And Daisy M.
Balaan, G.R. No. 183479
• The armed men, two of whom ─ Pepino and Pelenio ─
were recognized by the victim Anita Ching and Guinto,
forcibly took the victim and boarded her on their vehicle.
• The victim was 30 minutes later transferred to another
vehicle and taken to a safehouse where she was to be
detained for 19 days.
• At 10:00 p.m. of October 18, 1997, Quezon City
• The group initially asked for a ₱30 million ransom but the
amount was eventually negotiated down to ₱500,000.00
which was paid to the group.
CRIMES AGAINST PERSON

What is Kidnap for Ransom (KFR)?

It is the unlawful taking and carrying away of a person by force
or fraud or against his will, or in any manner depriving him of his
liberty for the purpose of extorting ransom as payment for his release.
Element of kidnap for ransom:
1. The offender is a private person.
2. He kidnap or detain another, or by any means deprives the latter
liberty;
3. The act of detention and kidnapping is illegal;
4. The purpose of kidnapping is to extort ransom from the victim or
any other person.
CRIMES AGAINST PERSON

• Objective of the Kidnapping for ransom (As a law

enforcer)
1. To preserve life;
2. To ensure prompt and safe return of the victim;
3. To protect and support the family of the victim.
4. To ensure public safety and;
5. To gather information, intelligence and evidence leading
to the solution of the case, eventual arrest and
conviction of the offenders.
 Distinction between arbitrary detention and illegal detention
1. In arbitrary detention - The principal offender must be a public officer.
Civilians cannot commit the crime of arbitrary detention except when they
conspire with a public officer committing this crime, or become an accomplice
or accessory to the crime committed by the public officer; and The offender who
is a public officer has a duty which carries with it the authority to detain a
person.
2. In illegal detention - The principal offender is a private person. But a
public officer can commit the crime of illegal detention when he is acting in a
private capacity or beyond the scope of his official duty, or when he becomes an
accomplice or accessory to the crime committed by a private person.
The offender, even if he is a public officer, does not include as his function
the power to arrest and detain a person, unless he conspires with a public officer
committing arbitrary detention.
 Whether the crime is arbitrary detention or illegal
detention, it is necessary that there must be an actual
restraint of liberty of the offended party. If there is no actual
restraint, as the offended party may still go to the place where
he wants to go, even though there have been warnings, the
crime of arbitrary detention or illegal detention is not
committed. There is either grave or light threat.
However, if the victim is under guard in his movement
such that there is still restraint of liberty, then the crime of
either arbitrary or illegal detention is still committed
Art. 124. Arbitrary detention. – Any public officer or employee who, without legal
grounds, detains a person, shall suffer:

1. The penalty of arresto mayor, in its maximum period to prision correccional in

its minimum period, if the detention has not exceeded three days;
2. The penalty prision correccional in its medium and maximum periods, if the
detention has continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than
fifteen days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal grounds
for detention of any person.
Art. 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.
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.
Art. 268. Slight illegal detention. – The penalty of reclusion temporal
shall be imposed upon any private individual who shall commit the
crimes described in the next preceding article without the attendance of
any of circumstances enumerated therein.

The same penalty shall be incurred by anyone who shall furnish the place
for the perpetration of the crime.

If the offender shall voluntarily release the person so kidnapped or

detained within three days from the commencement of the detention,
without having attained the purpose intended, and before the institution
of criminal proceedings against him, the penalty shall be prision mayor
in its minimum and medium periods and a fine not exceeding seven
hundred pesos.
Art. 269. Unlawful arrest. — The penalty of arresto mayor and a
fine not exceeding 500 pesos shall be imposed upon any person who,
in any case other than those authorized by law, or without
reasonable ground therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities.

What is the elements of unlawful arrest?

1. The offender arrests or detains another person:
2. The purpose of the offender is to deliver him to the proper
authorities:
3. The arrest or detention is not authorized by law or there is no
reasonable ground therefor.
ARTICLE 269. Unlawful Arrest. —
The penalty of arresto mayor and a fine not exceeding 500 pesos shall
be imposed upon any person who, in any case other than those authorized
by law, or without reasonable ground therefor, shall arrest or detain
another for the purpose of delivering him to the proper authorities.55

The crime of unlawful arrest punishes an offender's act of arresting or

detaining another to deliver him or her to the proper authorities, when the
arrest or detention is not authorized, or that there is no reasonable ground
to arrest or detain the other.

As worded, any person may be indicted for the crime of unlawful arrest.
This was affirmed in People v. Malasugui,56 where this Court considered
whether a public officer may be held liable under this crime
 Concept of ARTICLE 269. Unlawful Arrest

It is the crime committed by any person, whether a

private person or public officer, who arrest or detains a
person without reasonable ground therefore, for the purpose
of delivering him to the proper authorities.
What is RA 9208 all about?

It is specifically criminalizes trafficking for the

purposes of exploitation. The punished overt acts include
trafficking under the guise of arranged marriage, adoption,
sex tourism, prostitution, pornography, or the recruitment
of children into armed conflict.
What is the importance of RA 9208?

RA 9208, as amended by RA 10364, established the

Inter-Agency Council Against Trafficking (IACAT), which
shall be primarily responsible for coordinating, monitoring,
and overseeing the implementation of the Anti-Trafficking
in Persons Act.
 The Anti-Trafficking in Persons Act has the following salient
features:
(a) it emphasizes the vulnerability of victims, so that trafficking can be
committed with or without the consent of the trafficked persons, who
are considered victims;
(b) it imposes a penalty of 20 years imprisonment and a fine for acts if
trafficking and 15 years and a fine for acts that promote trafficking;
(c) it penalizes the person who buys or engages the services of a
trafficked person;
(d) trafficking is a public crime, any person who has personal knowledge
of the crime may file the complaint;
(e) it provides for mandatory services for trafficked persons and;
(f) it created the Inter-Agency Council Against Trafficking.
Article 272. The penalty of prision mayor and a fine of not
exceeding 10,000 pesos shall be imposed upon anyone who
shall purchase, sell, kidnap or detain a human being for
the purpose of enslaving him. If the crime be committed for
the purpose of assigning the offended party to some
immoral traffic, the penalty shall be imposed in its
maximum period.

Article 272 criminalizes slavery and imposes a penalty of 6

to 12 years and a fine not exceeding 10,000 pesos on
anyone who purchases, sells, or detains a human being for
the purpose of slavery.
CRIMES INVOLVING INVOLUNTARY SERVITUDE
Slavery Proper under Art. 272 of RPC
A. Concept: The crime committed by a person who shall purchase, sell (kidnap), or detain a
human being for the purpose of enslaving him.
B. If the purpose is to assign the person to some immoral traffic, the penalty is higher. This
is referred to as White Slavery ( Why the term white? To distinguish it from the slavery of
Black Africans the purpose of which is to make them work as field hands, laborers, house-
helps, against their will and without compensation)
Note: There are two kinds of White Slavery or “pimping” ( supplying women as partners
for sex)
1. That under Article 272 where the accused is not engaged in prostitution
2. That under Article 341 where the accused is engaged in the business of prostitution
C. There is a Flaw in the law: If the detention is not to enslave or to assign to immoral
traffic, the crime is serious illegal detention punishable by reclusion Perpetua whereas, if
the purpose is to enslave the woman the penalty is prison mayor, and if it white slavery
the penalty is prison mayor maximum
The exploitation of Child Labor under Article 273

A. Concept: The crime committed by any person who shall retain a minor in his service as payment of
the indebtedness of the minor’s ascendant, guardian, or person entrusted with the custody of the
minor.

B. The accused is a creditor

Services rendered under compulsion in payment of a debt

A. Concept: the crime committed by a creditor who compels the debtor to work for him as a household
servant or farm laborer. If in some other capacity as office worker, for example, the crime is coercion.

Question: What are the crimes committed by a Creditor in relation to the debt owed to him?

Answer:

1. The exploitation of Child labor (Art. 273)

2. Services Rendered under compulsion as payment of the debt (Art. 274)

3. Light Coercion ( Art. 287) seizing, by violence, a property of a debtor to apply as payment of a debt

Crimes Involving Involuntary Servitude

References
1. Special Crime Investigation 2 ( Barreda, 2021)
2. Revised Penal Code (Reyes)
3. G.R. No. 230825, June 10, 2020
4. https://bit.ly/2ZWNiuX
5. And others