Kidnapping and serious illegal detention penalties

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Republic Act No. 1084: Kidnapping and serious illegal detention penalties

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Title Source: Supreme Court: Kidnapping and serious illegal detention penalties

Law: Republic Act No. 1084

Decision Date: Jun 15, 1954

An amendment to the Revised Penal Code in the Philippines clarifies and defines penalties for kidnapping and serious illegal detention, including increased penalties for prolonged captivity, use of deception, violence, targeting vulnerable individuals, and extortion of ransom.

Law Summary

Definition of the Offense

Kidnapping or serious illegal detention involves the unlawful taking, detention, or deprivation of liberty of another individual.
The act encompasses any manner of depriving liberty, not limited to physical confinement.

Penalties Based on Duration and Circumstances

If the detention or kidnapping lasts more than five days, the penalty ranges from reclusion perpetua (imprisonment for 20 years and 1 day to 40 years) up to death.
When the crime is committed by simulating public authority, the same penalty applies.
Serious physical injuries inflicted on the victim or an attempt to kill the victim also merit the penalty of reclusion perpetua to death.

Special Protective Circumstances

If the victim is a minor, a female, or a public officer, the penalty is reclusion perpetua to death.

Aggravating Factor: Kidnapping for Ransom

The law imposes the death penalty when kidnapping or detention is committed for the purpose of extorting ransom.
This applies even if the previously mentioned circumstances (duration, injury, victim status, or simulation of authority) are absent.

Effectivity

The amendments took effect immediately upon the law’s approval, June 15, 1954.

END