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CHAPTER VI

KIDNAPPING AND SERIOUS


ILLEGAL DETENTION

a. WHAT LAW PUNISHES THE CRIME OF KIDNAPPING AND


SERIOUS ILLEGAL DETENTION ?
-Revised Penal Code Article 267 amended by RA 7659
b. WHAT ARE THE ELEMENTS OF KIDNAPPING AND SERIOUS
ILLEGAL DETENTION ?
1.Any private individual who shall kidnap or detain another , or any
other manner deprive him of his liberty.
2.The kidnapping or detention shall have lasted more than (3) days.
3.Any serious physical injuries shall have been inflicted upon the
person kidnapped or detained or if threats to kill kimm shall have
been made .
4.The person kidnapped or detained shall be a minor , except when
the accused is any of the parents , female or a public officer .
5.Other analogous act .

NOTE :
1. The gravemen of the offense is actual confinement or restraint or deprivation
of the victims liberty
2. Ransom is the money demanded as a condition for the release of a person
being deprived of hi liberty or any other person , even if none of the
circumstances above is present , kidnapping or any serious illegal detention was
still committed .
3. The offense of kidnapping connotes transporting the offended party one place
another while, illegal detention focuses on one restrained of his liberty without
necessarily transporting him from one place to another.
4. Serious illegal detentions is committed when the illegal detention last for 3
days , or the offended party is;
a.
b.
c.

A minor;
Female; or
Publicly officer even when the detention lasts only for minutes, or committed by simulation of authority , or
threats to kill are made are made physical injuries are inflicted .

5. When the victim is killed or dies as a consequence of detention , or is raped


or is subjected to future or dehumanizing acts, the maximum penalty shall be
imposed.

What is the evidence needed to file a crime of


Kidnapping and Serious Illegal Detention ?
1.

2.

3.

4.

Testimonial Evidence Affidavit of complaint and


witnesses.
Documentary Evidence photographs, videos, police
reports and other documents.
Object Evidence medical records, autopsy,
seminal/DNA Test, weapons used and others forensic
reports.
Other relevant evidence.

INVESTIGATION PROCEDURES ON
KIDNAPPING FOR RANSOM INCIDENTS
INTRODUCTION
The crime Kidnap for Ransom is not only a serious
crime; it is also critical and life-threatening incident,
violating the victims freedom; furthermore, it
undermines human rights. By nature, it is a heinous
crime that has become social menace due to its
adverse effect on the security and , political and
economic stability of the government. Its prevalence
raises fears and doubts among general public and
discourages investments.
a.

What is Kidnap for Ransom ?


The

lawful 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/her release .

Elements of Kidnap for ransom:


1.
2.

3.

4.

The offender is a private individual;


He kidnaps or detains another, or by any
means deprives the latter of his liberty;
The act of detention and kidnapping must be
illegal;
The purpose of kidnapping is to extort ransom
from the victim or any other person.

Keys elements in Responding to


Kidnap for Ransom

Any alleged KFR is a serious incident with


potentially life-threatening consequences. Its
investigation requires the collection, timely
analysis and careful and effective use of
information. Investigators , specially the case
officer, will be required to exercise judgement
and to make difficult decisions. Many acts of
kidnapping are well-planned. Though
sometimes, it may occur at the spur of the
moment.

Objectives of the Kidnapping for


Ransom Investigations
1.
2.
3.
4.
5.

To preserve life;
To ensure prompt and safe return of the victim;
To protect and support the family of the victim;
To ensure public safety; and
To gather information, intelligence and
evidence leading to the solution of the case,
eventual arrest and conviction of the offenders.

Procedures to be undertaken
during a kidnap for ransom
incident:
Responsibility of the Desk Officer:
1.

2.

Record the incident in the police Blotter


as a Missing Person Case for validation;
Immediately inform the Chief of Police
of the incident.

Responsibility of the Chief of


Police

The Chief of Police upon validation of the


KFR incident shall refer the case to the
Crisis Management Committee (CMC)
responsible for the investigation of kidnap
for ransom cases.

For KFR victim/suspects


Intercepted in a Checkpoint
1.

2.

if the case is KFR, blotter the incident as


Missing Person case.
Inform the Chief of Police as soon as
possible the COP will initially take
cognizance of the case and make a formal
turnover of the case to the CMC.

Prohibition

Do not send a patrol car or police officer to


the scene unless the alleged KFR needs
immediate action and occurring in public
view. (The purpose of this prohibition is to
avoid any indication that law enforcement
agencies have been informed of the KFR
incident.)

Duties of the Investigator assisting


in the investigation KFR case:
1.
2.

a)

b)

c)

Assist in the conduct of victimology; and


In case the abandoned motor vehicle used
in the kidnapping is recovered:
Treat the motor vehicle similar to crime
scene;
Secure the motor vehicle and request for
SOCO assistance; and
Refer to General Investigative Procedures
(Chapter III Investigative Procedures)

Investigation Procedures in
Handling Kidnap for Ransom
Incidents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Accomplishment of a complaint document;


Assignment of the case
Written report
Taking of statements
The taking of statements from a female victim
Determine Modus Operandi
Conduct of Victimology (Victim Profiling)
Conduct of Neighborhood Investigation
Release of Victim
Debriefing

Investigation Procedures in
Handling Kidnap for Ransom
Incidents
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

Backtracking
Hot Pursuit
Lawful Warrantless Arrest
Recovered Evidence
For cell phone messages
For motor vehicle used in the KFR
For evidence firearm
Kidnappers Safe house is Located
Artists Sketches of Suspects
Rouges Gallery

Investigation Procedures in
Handling Kidnap for Ransom
Incidents
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.

Invitation of Suspect
Extra-Judicial Confession
Case Referral
Collation of evidence
Progress Report
Documentation
Case preparation/analysis
Preparation of a case for trial
Testifying in Court
Monitoring of cases