Question & AnswerQ&A (Republic Act No. 18)
A habitual delinquent is a person who, within a period of years from the date of his release or last conviction for crimes such as serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any of said crimes a third time or more.
The penalty for kidnapping and serious illegal detention is reclusion temporal in its maximum period to death, with reclusion perpetua to death if the kidnapping or detention was committed to extort ransom, regardless of other circumstances.
1) The kidnapping or detention lasts more than five days. 2) The offender simulates public authority. 3) Serious physical injuries are inflicted or threats to kill are made. Additional circumstances include when the victim is a minor, female, or a public officer.
The penalty is reclusion temporal for any illegal detention not meeting the aggravating circumstances of Article 267. If the offender voluntarily releases the victim within three days without attaining his purpose and before criminal proceedings, the penalty is prision mayor in its minimum and medium periods plus a fine up to seven hundred pesos.
Reclusion perpetua is imposed on any person entrusted with custody who deliberately fails to return a minor to his parents or guardians.
Anyone inducing a minor to abandon the home of parents or guardians faces prision correctional and a fine not exceeding seven hundred pesos. If the offender is the minor's parent, the penalty is arresto mayor or a fine up to three hundred pesos, or both.
The penalty ranges from reclusion temporal in its medium period to reclusion perpetua when robbery is accompanied by rape or intentional mutilation or when physical injuries as per article 263 subdivision 1 are inflicted during the crime.
Reclusion temporal is imposed on any armed person committing such robbery if the value exceeds 250 pesos, especially when entry is gained through unauthorized means or by breaking and entering, or by impersonating public authority.
Simulating public authority refers to a private individual falsely representing or pretending to exercise powers of official public authority to commit kidnapping or detention.
The offender shall be punished with prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos.