CHAPTER VI

CHAPTER VIKIDNAPPING AND SERIOUS ILLEGAL DETENTIONa. WHAT LAW PUNISHES THE CRIME OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION ?-Revised Penal Code Article 267 amended by RA 7659

b. WHAT ARE THE ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION ?1.Any private individual who shall kidnap or detain another , or any other manner deprive him of his liberty.2.The kidnapping or detention shall have lasted more than (3) days.3.Any serious physical injuries shall have been inflicted upon the person kidnapped or detained or if threats to kill kimm shall have been made .4.The person kidnapped or detained shall be a minor , except when the accused is any of the parents , female or a public officer .5.Other analogous act .

1. The gravemen of the offense is actual confinement or restraint or deprivation of the victims liberty2. Ransom is the money demanded as a condition for the release of a person being deprived of hi liberty or any other person , even if none of the circumstances above is present , kidnapping or any serious illegal detention was still committed .3. The offense of kidnapping connotes transporting the offended party one place another while, illegal detention focuses on one restrained of his liberty without necessarily transporting him from one place to another.4. Serious illegal detentions is committed when the illegal detention last for 3 days , or the offended party is;A minor;Female; orPublicly officer even when the detention lasts only for minutes, or committed by simulation of authority , or threats to kill are made are made physical injuries are inflicted .5. When the victim is killed or dies as a consequence of detention , or is raped or is subjected to future or dehumanizing acts, the maximum penalty shall be imposed.NOTE :Testimonial Evidence Affidavit of complaint and witnesses.Documentary Evidence photographs, videos, police reports and other documents.Object Evidence medical records, autopsy, seminal/DNA Test, weapons used and others forensic reports.Other relevant evidence.What is the evidence needed to file a crime of Kidnapping and Serious Illegal Detention ?INTRODUCTIONThe crime Kidnap for Ransom is not only a serious crime; it is also critical and life-threatening incident, violating the victims freedom; furthermore, it undermines human rights. By nature, it is a heinous crime that has become social menace due to its adverse effect on the security and , political and economic stability of the government. Its prevalence raises fears and doubts among general public and discourages investments.

INVESTIGATION PROCEDURES ON KIDNAPPING FOR RANSOM INCIDENTSThe lawful taking and carrying away of a person by force or fraud or against his will, or in any manner depriving him of his liberty for the purpose of extorting ransom as payment for his/her release .What is Kidnap for Ransom ?The offender is a private individual;He kidnaps or detains another, or by any means deprives the latter of his liberty;The act of detention and kidnapping must be illegal;The purpose of kidnapping is to extort ransom from the victim or any other person.Elements of Kidnap for ransom:Any alleged KFR is a serious incident with potentially life-threatening consequences. Its investigation requires the collection, timely analysis and careful and effective use of information. Investigators , specially the case officer, will be required to exercise judgement and to make difficult decisions. Many acts of kidnapping are well-planned. Though sometimes, it may occur at the spur of the moment.Keys elements in Responding to Kidnap for RansomTo preserve life;To ensure prompt and safe return of the victim;To protect and support the family of the victim;To ensure public safety; andTo gather information, intelligence and evidence leading to the solution of the case, eventual arrest and conviction of the offenders.Objectives of the Kidnapping for Ransom InvestigationsResponsibility of the Desk Officer:

Record the incident in the police Blotter as a Missing Person Case for validation;Immediately inform the Chief of Police of the incident.Procedures to be undertaken during a kidnap for ransom incident:The Chief of Police upon validation of the KFR incident shall refer the case to the Crisis Management Committee (CMC) responsible for the investigation of kidnap for ransom cases.Responsibility of the Chief of Policeif the case is KFR, blotter the incident as Missing Person case.Inform the Chief of Police as soon as possible the COP will initially take cognizance of the case and make a formal turnover of the case to the CMC.For KFR victim/suspects Intercepted in a CheckpointDo not send a patrol car or police officer to the scene unless the alleged KFR needs immediate action and occurring in public view. (The purpose of this prohibition is to avoid any indication that law enforcement agencies have been informed of the KFR incident.)ProhibitionAssist in the conduct of victimology; andIn case the abandoned motor vehicle used in the kidnapping is recovered:Treat the motor vehicle similar to crime scene;Secure the motor vehicle and request for SOCO assistance; andRefer to General Investigative Procedures (Chapter III Investigative Procedures)Duties of the Investigator assisting in the investigation KFR case:Accomplishment of a complaint document;Assignment of the caseWritten reportTaking of statementsThe taking of statements from a female victimDetermine Modus OperandiConduct of Victimology (Victim Profiling)Conduct of Neighborhood InvestigationRelease of VictimDebriefingInvestigation Procedures in Handling Kidnap for Ransom IncidentsBacktrackingHot PursuitLawful Warrantless ArrestRecovered EvidenceFor cell phone messagesFor motor vehicle used in the KFRFor evidence firearmKidnappers Safe house is LocatedArtists Sketches of SuspectsRouges GalleryInvestigation Procedures in Handling Kidnap for Ransom IncidentsInvitation of SuspectExtra-Judicial ConfessionCase ReferralCollation of evidenceProgress ReportDocumentationCase preparation/analysisPreparation of a case for trialTestifying in CourtMonitoring of casesInvestigation Procedures in Handling Kidnap for Ransom Incidents