QuestionsQuestions (Republic Act No. 1084)
The penalty is reclusion perpetua to death.
If the kidnapping or detention has lasted more than five days, the penalty shall be death.
If the kidnapping or detention was committed simulating public authority, the penalty is death.
If any serious physical injuries are inflicted upon the victim, the penalty shall be death.
If to kill him (the kidnapped or detained person) shall have been made, the penalty shall be death.
If the person kidnapped or detained is a minor, a female, or a public officer, the penalty shall be death.
Yes. The penalty shall be death where the kidnapping or detention is committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above were present.
The general clause sets the penalty range as reclusion perpetua to death. The listed qualifying circumstances then make the penalty specifically death.
Kidnapping or detaining another in any other manner depriving him of liberty.
It limits the provision to a private individual as the offender contemplated by the amended section.
Both are covered, but “kidnapping” generally refers to taking away a person, while “detaining” refers to holding or keeping a person against liberty; RA 1084 also covers any other manner depriving liberty.
More than five days.
That it was committed for the purpose of extorting ransom from the victim or any other person.
The text indicates that the making of an attempt or intent “to kill him” (as stated) is the basis; it does not expressly require the killing to have been completed in the excerpt.
It shall take effect upon its approval.