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What is kidnapping?

To seize and detain or carry away by unlawful force or fraud and often with a demand for ransom.
What is illegal detention?
This means to jail, cage or any manner of deprivation of liberty. As long as a person is forbidden to
leave to place of detention or go anywhere he/she pleases, there is illegal detention.
Ex. There is illegal detention if schoolchildren are not allowed to leave a tourist bus.
2 Kinds of Illegal Detention:
1. Serious illegal detention or kidnapping
2. Slight illegal detention

What makes an illegal detention serious?


It will be serious (and hence, serious penalties) when:
when a private individual, not any of the parents of the victim, unlawfully kidnaps or detains another, or in any manner
depriving the latter of his liberty, and that any of the following circumstances is present:

1. If the kidnapping or detention lasted more than three days.


2. If it was committed simulating public authority. (for instance, the kidnapper impersonated a
police officer, etc.)
3. If any serious physical injuries was inflicted upon the person kidnapped or detained; or if threats
to kill him were made.
4. If the person kidnapped or detained shall be a minor, female or a public officer.
5. If the kidnapper was for purposes of ransom (known here as a KFR or a kidnap-for-ransom);
and the law does not seem to require require ransom being actually demanded, but see slight illegal
detention below.

What is slight illegal detention?


It is such when:
1. If it does not qualify as serious illegal detention above.
2. If the offender merely furnished the place of detention (unless there is a conspiracy, of course)
3. If the kidnapper offender voluntarily released the person so kidnapped or detained within three
days, without having attained the purpose intended, and before the institution of criminal
proceedings against him.

Jurisprudence:
People vs. Pickrell (G.R. G.R. No. 120409. October 23, 2003)
Although the victim may have inceptually consented to go with the offender to a place but the
victim is thereafter prevented, with the use of force, from leaving the place where he was
brought to with his consent and is detained against his will, the offender is still guilty of
kidnapping and serious illegal detention.[1

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