Practice question
Private offenders unlawfully detain an adult man for two hours for the purpose of extorting ransom. They claim serious illegal detention is impossible because the detention did not exceed three days. Is that argument correct?
- Yes, duration is the only route to Article 267.
- Yes, ransom matters only after three days.
- No; the ransom-purpose provision applies even without the other listed circumstances.
- Yes, if the victim is male.
- No, because every two-hour delay is necessarily kidnapping.
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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