The whole country was shocked with the capture and eventual hostage of Ces Drilon and her television crew. Though it was not the first time that media persons were held captive by allegedly terrorist groups in the south, still it created so much interest. While we all rejoiced with their freedom, Jolo lost terribly in all of these. Sadly, it has tainted the good name of paradise-like Jolo.
Recent media reports related that the Department of Justice has found probable cause for prosecuting the Isnajis for kidnap for ransom. How ironic it was when everybody thought that they were angels that kept the life of Ces and her crew.
Essentially, what were the elements considered by DOJ in making the Isnajis liable for the offense? Our Revised Penal Code spelled out the circumstances that one might be held liable for such offense.
To prosper, the accused in the crime must kidnap or detain another, or in any other manner deprives the latter of his liberty. It may be worth emphasizing that the act of the private individual in detaining or kidnapping another must be illegal. Those two circumstances are essential and must be present to constitute the act as kidnapping.
The essential element or act which makes the offense of kidnapping is the deprivation of an offended party’s liberty under any of the four instances enumerated below:
- that the kidnapping or detention lasts for more than 3 days;
- that it is committed simulating public authority;
- that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or
- that the kidnapped or detained person is a minor, female, or a public officer.
Intention to deprive the victim of his liberty for purpose of extorting ransom on the part of the accused is essential in the crime of kidnapping. As long as the kidnapping or detention was committed for the purpose of extorting ransom, actual demand for ransom is not necessary.
Ransom should be taken in its proper context, which is money, price, or consideration paid or demanded for redemption of a captured person, a payment that releases from captivity.
Detention or locking up of victim is essential. However, it is no essential that the victim be placed in an enclosure. Moreover, restraint need not be permanent. in all of these, the detention must be illegal. What then constitutes an illegal detention? Detention is illegal when not ordered by competent authority or not permitted by law.
If the purpose of the kidnapping or detention is to extort ransom from the victim or any other person, even if none of the circumstances abovementioned is present, the penalty is death. In this case, death is imposed as a single penalty. It shall be imposed regardless of the presence and number of ordinary mitigating circumstances. The death penalty prescribed for kidnapping for ransom is not reduced by the circumstances of voluntaryr release by the captors and non-attainment of the purpose. However, with the recent executive pronouncement on suspension of the imposition of death penalty, the highest penalty that may be imposed is reclusion perpetua.
brownfield's insights 