Kidnapping

What id kidnapping? In criminal law, kidnapping is the unlawful taking

away or transportation of a person against that person's will, usually to hold
the person unlawfully. This may be done for ransom or in furtherance of
another crime, or in connection with a child custody dispute. Since
kidnapping is a term that belongs to "criminal law", according to Article 267
of the Revised Penal Code, any private individual who shall kidnap or detain
another, or in any other manner deprive him of his liberty shall be
considered "kidnapping" or "serious illegal detention" and shall suffer the
penalty of reclusion perpetua to death or permanent imprisonment. The
following shall be considered as "an element" for kidnapping or serious illegal
detention:
1. That the offender is a private individual.
--What if the act is committed by a "public officer"?
Arbitrary detention, punished under Article 124 of the Revised Penal
Code, is committed by any public officer or employee who, without legal
grounds, detains a person. It is still essential that there is actual confinement
or restriction of the person of the offended party. The deprivation of liberty
must be proved, just as the intent of the accused to deprive the victim of his
liberty must also be established by indubitable proof. There must be
uncontroverted proof of both intent to deprive the victim of his liberty, as
well as actual confinement or restriction. The public officer must have the
authority to detain or arrest a person, including police officers, agents of the
National Bureau of Investigation (NBI) and other agents of the law.
Otherwise, the act is serious illegal detention.
-- What are the elements of the crime of Arbitrary Detention?
a. That the offender is a public officer or employee;
b. That he detains a person; and
c. That the detention is without legal grounds.
2. That he kidnaps or detains another, or in any other manner deprives
the latter of his liberty.
-- What if there is no proof of detention?
In one case, there was no proof that the accused wanted to detain the victim,
or that the accused actually detained the victim, so there was no kidnapping

or serious illegal detention. However, the accused was still found criminally
liable for Grave Coercion. There was no showing of actual confinement or
restraint of the victim, which is the primary element of kidnapping. The
accused and the victim were constantly on the move. There was no
lockup(the original Spanish term is encerrar which means lockup).
Lockup refers not only to the placing of a person in an enclosure which he
cannot leave, but also to any other deprivation of liberty which does not
necessarily involve locking up.
3. That the act of detention or kidnapping must be illegal.
4. That in the commission of the offense, any of the following
circumstances is present:
a. That the kidnapping or detention lasts for more than five days;
or
-- What if the detention lasted only a few hours?
If any of the other three circumstances, it would still be kidnapping or serious
illegal detention. This falls under the fourth circumstance enumerated in
Article 267.
b. That it committed simulating public authority; or
c. That any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are
made; or

public

d. That the person kidnapped or detained is a minor, female, or a

officer.

-- What if theres kidnapping or detention but none of the circumstances in

Article 267 is present?
If any private individual kidnaps or detains another, or in any other manner
deprive him of his liberty, but without any of the four circumstances
mentioned in Article 267, the crime is slight illegal detention. This is covered
under Article 268 of the Revised Penal Code. The penalty shall be death
where the kidnapping or detention was committed for the purpose of
extorting ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the
offense.

When the victim is killed or dies as a consequence of the detention or is

raped, or is subjected to torture or dehumanizing acts, the maximum penalty
shall be imposed.
In connection with this topic, there is what we called the "kidnap for
ransom." Ransom has been held to mean in its ordinary sense as money,
price or consideration paid or demanded for redemption of a captured person
or persons, a payment that releases from captivity. If theres a demand for
money as a requisite for releasing a person from captivity, that money is still
ransom under the law, regardless of other motives.
There is the different forms of name of kidnapping.
1. Bride kidnapping-is a term often applied loosely, to include any bride
"abducted" against the will of her parents, even if she is willing to marry the
"abductor". It still is traditional amongst certain nomadic peoples of Central
Asia. It has seen a resurgence in Kyrgyzstan since the fall of the Soviet Union
and the subsequent erosion of women's rights.
2. Express Kidnapping- is a method of abduction used in some countries,
mainly from Latin America, where a small ransom, that a company or family
can easily pay, is demanded.
3. Tiger Kidnapping- is taking a hostage to make a loved one or associate of
the victim do something: e.g. a child is taken hostage to force the
shopkeeper to open the safe. The term originates from the usually long
preceding observation, like a tiger does on the prowl.

Here's a statistics of kidnapping hot-spots all over the globe year 1999-2014.

1
2
3

Global Kidnapping hot-spots

1999
2006
2014
Colombia
Mexico
Mexico
Mexico
Iraq
India
Brazil
India
Pakistan

4
5
6
7
8
9
10

Philippines
Venezuela
Ecuador
Russia and CIS
Nigeria
India
South Africa

South Africa
Brazil
Pakistan
Ecuador
Venezuela
Colombia
Bangladesh

Iraq
Nigeria
Libya
Afghanistan
Bangladesh
Sudan
Lebanon

Kidnapping in the Philippines

Kidnap rate: Kidnappings in the Philippines nearly doubled in 2013and
there were more than 20 kidnap-for-ransom cases alone, based on media
reports and government figures.

How the kidnaps typically play out: Pirates trolling the Sulu Sea, which
separates the Philippines islands from Malaysias Sabah region, have been
the scene of numerous abductions over the last decade. Just last November,
armed gunman took a Taiwanese tourist from an island just off Sabah after
killing her husband. The tourist was rescued a month later. Officials have not
said if a ransom was paid.

Whats fueling the kidnapping: Criminals and separatist groups that

operate in the region treat foreigners, particularly wealthy visitors from
China, as human ATMs. Abu Sayyaf, a prominent militant Islamist group with
links to Al Qaeda, has been responsible for numerous tourist abductions over
the past few years. Some figures suggest the group has collected over $35
million in ransom fees.

The bottom line: Unfortunately, the coastal and island resorts in the
southern Philippines that are particularly popular among vacationers are also
frequented by kidnappers and pirates. The good news? The vast majority of
abductees have been released unharmed.

MORE:

The Philippines' "kidnapping capital"

The conflict between separatists and the Filipino government in the
southern island of Mindanao has damaged the local economy. Manila's efforts
to curb terrorism and promote tourism don't seem to be working.

Ongoing conflict
Mindanao is the second largest island of the Philippines. For four decades, it
has been the center of a separatist conflict, which has claimed more than
120,000 lives. The fighting started in the 1960s when the Muslim minority known as the Moros - began an armed struggle against Manila, demanding a
separate homeland in the south.

Negative image
Since the 1990s, Mindanaos Cotabato city has been known as the country's
'kidnapping capital.' Even after many decades, the city still grapples with the
negative image.

'Destination Mindanao'
The bad name has driven away investments and hampered trade and
tourism. In November 2013, the Philippines' government launched the
'Destination Mindanao' campaign to encourage people to visit and invest in
the island.

Travel advice
The tension has resulted in several countries issuing travel advisories to their
citizens wishing to visit Mindanao. This has led to many foreign tourists
canceling their plans.

Ban on guns
Mindanao is a heavily armed island. Despite a ban on guns, a lot of people,
including the civilian security guards (shown in the picture), carry weapons in
public places.

Ransom
Kidnappings for ransom are common in Mindanao. In 2011, 21 foreigners
were kidnapped. An Australian was freed in March last year, after being held
captive for 15 months.

Life goes on
In 2012, the Filipino government and separatists agreed to form a new
autonomous region in the south before 2016. Despite the deal, the Moro
Islamic Liberation Front has not ceased its attacks. For Mindanao residents,
life goes on in the midst of a constant threat of violence. They have
somehow learned to live with the insurgency and negative image that goes
along with it.