Kidnapping

kidnapping is a crime where the victim is transported a substantial distance or held in

a place of isolation through the use of force. Kidnapping statutes also define a set of
purposes for kidnapping including: collecting ransom, facilitating the commission of a
felony, inflicting bodily injury, or terrorizing someone.

TYPES OF KIDNAPPING (PROFIT)

1. Unlawful taking of the victim and a nefarious motive like obtaining a ransom.
The intent of the kidnapper is a decisive element in the crime of kidnapping.
2. The physical taking or removal of a person from his/her home by the use of
force, fraud, or coercion amounts to kidnapping.

Lead agency in Anti-Kidnapping operations

The Anti-Kidnapping Group (AKG) is the PNP’s lead unit in the conduct of
anti-kidnapping operations which operates in close coordination with the local
police units, other law enforcement agencies and the community.

Types of kidnapping
a. Kidnapping by Organized Crime Group/Criminal Group
(with ransom, Sex trade, Removal and selling of internal organs)
b. Kidnapping by Threat Groups/Terrorists
c. Kidnapping by Other Individuals

Concept of operations of authorities concerned

a. Upon receipt of kidnapping incident report, the police officer shall make an
incident recording, deploy first responders and alert all concerned authorities/tasked
groups like the local territorial units, Criminal Investigation and Detection Group and
the Anti-Kidnapping Group (AKG).
b. Upon initial assessment of the type of kidnapping and upon confirmation that the
kidnapping incident is true, the case shall be referred to the AKG, other
territorial units or to higher authority
c. If the kidnapping was perpetrated by Organized Crime Group/Criminal Group
(OCG/CG) and with ransom demand, it shall be referred to the AKG for their
initial action/operational response.
d. If the kidnapping was perpetrated by Threat Groups/Terrorists, it shall be referred
to the higher authorities for the activation of AFP-PNP Joint Task Force,
Critical Incident Management Committee (CIMC) or Critical Incident Management
Task Group (CIMTG); local Chief Executive; and other concerned agencies.
e. If kidnapping was perpetrated by other individuals, it shall be referred to the
concerned PNP territorial units for appropriate operational response.
Related incident in the Philippines
Three foreigners – two Canadians and a Norwegian – and a Filipina were abducted
in a resort in Samal Island in Davao del Norte late Monday night, September 21
2015 , authorities confirmed.
Police identified the victims as Norwegian resort manager Kjartan Sekkinstad, 56;
Canadian guests John Ridsdel, 68, and Robert Hall, 50; and the latter's Filipina
girlfriend only identified as "Tess."
Philippine National Police Region 11 authorities said on Tuesday, September 22,
that 11 armed men stormed the Holiday Oceanview Resort at around 11:23 pm on
Monday and forcibly took the 4 victims with them.Investigators said the perpetrators
attempted to kidnap a Japanese couple but failed after spouses Steven and Kazuka
Tripp fought back.

I. Introduction: Art. 270 lays down the penalty for kidnapping and enumerates
when the detention becomes serious. The concept is of American origin

1. To kidnap is to forcibly take a person from he has a right to be ( such as his place
of work, residence, rest and recreation, school, street, park or public place) and bring
him to another. The taking is always without the consent of the victim. Kidnapping
need not be followed by detention as where the talking was only to briefly restrain
the victim. It is usually for ransom.

2. To “detain” is to deprive a person of his liberty or restrict his freedom of locomotion

or movement, and may not involve a kidnapping. This includes the following
situations:

a). Lock up or actual physical deprivation of the personal liberty by confinement in an

enclosure

b). immobilizing the victim though he has not been placed din an enclosure

c). by placing physical, moral or psychological restraint on his freedom of locomotion

or movement
II. Persons Liable.

A. The offender is a private person and not a Public Officer else the crime is Arbitrary
Detention, unless the latter has no duty to arrest or order the detention of another.

B. One who furnished the place of detention is liable as an accomplice unless he

was in conspiracy with the other accused.

IV.. Kidnapping for Ransom. The victim is held hostage until demands of the
kidnapper are met.

1. The penalty is death

2. Ransom is any consideration, whether in the form of money, articles of value, or

services or favors, for the release of a person.

3. It need not be given or received it being sufficient that a demand was made

4..Examples: (i).The son of the Judge will be released if the Judge dismisses a case
or allows the bail to be reduced (2) The grandson of a physician will be released if
the physician will perform an operation on the mother of a friend of the kidnappers
(3) The wife of a politician will be released if the husband makes a public apology (4)
The pupils of a school will be released if the school lowers its tuition fees.