Practice question
A private offender unlawfully detains an adult man for two days, with no Article 267 serious circumstance or ransom purpose. Before any criminal proceeding and without attaining the intended purpose, he voluntarily releases the victim within three days of the detention's start. He claims release necessarily erases the crime. Which is correct under Article 268?
- The release automatically makes the detention lawful from the start.
- The stated release conditions support Article 268's reduced penalty, rather than automatic absolution.
- Release can never affect the statutory penalty.
- The offense necessarily becomes parricide.
- The victim must remain confined for reduction to apply.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 268–269, 280 and 282.
- RA 7659, Sections 6–9, amended murder, infanticide, kidnapping and robbery provisions, subject to RA 9346 death-penalty prohibition: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html; Section 8 amending Article 267.
- RA 10951, current amended RPC provisions and monetary thresholds: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html; amended Articles 268–269, 280, 282 and 286–287.
- RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
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