Kidnapping and Illegal Detention: Penalties

The first paragraph and its four circumstances read:

So the prosecution has to show that a private individual kidnapped or detained another person, or deprived the person of liberty in any other way, and that one of the four circumstances was present. One circumstance is enough.

The second paragraph says the penalty is death when the kidnapping or detention was committed to extort ransom from the victim or any other person, "even if none of the circumstances above-mentioned were present". So a short detention of an adult, with no injuries and no threats, is still covered by Article 267 if the aim was ransom.

The third paragraph says "the maximum penalty" applies when the victim is killed or dies as a consequence of the detention, is raped, or is subjected to torture or dehumanizing acts.

The penalties "reclusion perpetua to death" and "death" come from Republic Act No. 7659 (1993). Since 2006, Republic Act No. 9346 prohibits the imposition of the death penalty. Section 2 of that law says reclusion perpetua is imposed instead when the law uses the penalty names of the Revised Penal Code, as Article 267 does. Section 3 adds that persons convicted of offenses punished with reclusion perpetua, or whose sentences are reduced to it because of that law, are not eligible for parole under the Indeterminate Sentence Law.

The ranges come from Articles 27 and 76. The fine in Article 268 was set by Republic Act No. 10951 (2017). Article 268 also gives the same penalty as the offender to anyone who furnishes the place for the crime.

Article 267 speaks of "any private individual". Article 124 separately punishes a public officer or employee who, without legal grounds, detains a person (arbitrary detention). Which article fits is decided on the facts. Circumstance 4 of Article 267 does not apply when the accused is a parent, a female or a public officer. For how long police may hold a person after a lawful arrest, see how long police can detain you without charges.

These are made-up examples to show how the rules work. They are not advice for any real case.

Boyet locks his former business partner, Gerry, in a room for four days to force him to sign papers. Gerry is an adult and is not hurt. The detention lasted more than three days, so it falls under Article 267, circumstance 1.

Carlo wears a fake police uniform and takes Nestor into a van, saying he is under arrest. Nestor is released after a few hours. Carlo, a private individual, simulated public authority, which is circumstance 2.

Lino holds Ana for one night and calls her family to demand money for her release. Ana is not hurt. The purpose was ransom, so the second paragraph of Article 267 applies even though none of the four circumstances is present.

Because the penalty is reclusion perpetua, bail is not a matter of right when the evidence of guilt is strong. The court decides after a hearing. The same rule is explained in is murder bailable?.

Under Article 90, crimes punishable by death, reclusion perpetua or reclusion temporal prescribe in twenty years. See prescription of crimes. A threat to kill made without any detention is covered by the articles on threats: see grave threats. A kidnapping is reported to the police; see the PNP guides.

An accused person needs a lawyer from the start, including at the bail hearing, because the circumstances of Article 267 decide whether the penalty is reclusion perpetua or a lower one under Article 268. The family of a victim may also want a lawyer to follow the case. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.