LESSON 4: STRATEGIES TO

AVERT AND MITIGATE HUMAN

INDUCED CRISIS

PRESENTED BY: HURAÑO, KARL DWEN

 EXAMPLE OF HUMAN INDUCED
CRISIS:
• Kidnap or Abduction for Ransom

A. ABDUCTION
Concept: the taking away of a woman with lewd
designs i.e. to obtain sexual gratification.

1. Forcible (Article 342): if the taking away is

against her will.
a). This presupposes the use of force, violence threat or
intimidation or any method to overcome her resistance, or to
deprive her of the ability to resist .

b) If the woman was thereafter raped, it the crime is Forcible

Abduction with Rape, and if there be several rapes, the other
rapes are considered as separate crimes.

c) From Kidnapping/Serious Illegal Detention .

(i) In kidnapping, there is no lewd design but to either deprive

or restrain the woman of her personal liberty/freedom of
movement, or the purpose is to demand a ransom.

(ii) If several rapes were committed on the woman, the crime is

kidnapping with rape and the other rapes are absorbed and are
aggravating circumstances while in Abduction, the other rapes
are separate offenses.

d). It is Trafficking in Persons if the purpose is for sexual

exploitation, forced labor or services, slavery, involuntary
servitude or debt bondage, or sale of organs
2. Consented (Article 343) the taking away of a woman of good
reputation, 12 years or over but under 18 years of age, carried out
with her consent and with lewd designs.

a) There may or may not be deceit employed to get the woman to

agree, as for example, convincing the woman to elope with the
man. The consent must be given freely and intelligently.

b) There be lewd design else the crime may be inducing a minor to

abandon the home.

B. KIDNAPPING AND SERIOUS ILLEGAL DETENTION

Category: Book 2- Crimes and Penalties

Introduction: Art. 270 lay 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

Example: The Mayor confronted a DENR Inspection team, calls for

reinforcements, refuses their request to leave, orders them to go
with him and allows them to leave only the following day.

Held: "The curtailment of the victim's liberty need not involve any
physical restraint upon the victim's persons. If the acts and
actuations of the accused produced such fear in the mind of the
victim sufficient to paralyze the latter, to the extent that he victim
is compelled to limit his own actions and movements in accordance
with the wishes of the accused, then the victim is detained against
his will" (Aslega vs. People, Oct. 01, 2003)

d). The detention may either be Serious Art. 267 or Slight (Art.
268)
 II. PERSON LIABLE

PRESENTED BY: MEL LESLIE

RITCHIE M. BAGAYAS
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.
 III. THE CIRCUMSTANCES WHICH
MAKE THE DETENTION SERIOUS ARE:

• 1.The kidnapping or detention shall have lasted

more than 3 days
• 2. It is committed by stimulating public authority
EXAMPLE: A person represents himself to be a
police investigator who tells victims he will bring
him to the police station, but brings him elsewhere.
• 3. If serious physical injuries were inflicted or
threats to kill were made.
• 4.If victim is a minor, female or public officer. In
case of minors, kidnapper should not be the parent
 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: (1). 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.
 V. NEW SPECIAL
COMPLEX/COMPOSITE CRIMES

• 1.Kidnapping /Serious Illegal Detention with Homicide

• A.) The person killed is the victim of the kidnapping
or illegal detention. If the person killed is a third
person, such as the bodyguard, the driver or an
innocent person, it is article 48 which applies and the
crime is an ordinary complex crime.
• B.) Hence the previous decisions which say the crime
is either murder or kidnapping depending on the
intention of the accused do not anymore hold water. It
is enough the victim was killed whether the original
intention was to kill or to detain
2.Kidnapping/Serious Illegal Detention with Rape.
The victim of rape is the victim of kidnapping and
not a third person else the rape is a separate
offense.

A.) Includes a situation where several rapes are

committed

B.) The taking way must not be with lewd designs

3.Kidnapping/Serious Illegal Detention with

Physical Injuries as a result of torture or
dehumanizing acts
Question: A woman was kidnapped, ransom was
demanded, and then later was killed.

What crime was committed?

Answer: Kidnapping for ransom with murder.

 VI. DISTINGUISHED FROM OTHER
CRIMES WHICH INVOLVED DETENTION
AND TAKING AWAY OF A PERSON

PRESENTED BY: JOHN VINCENT

SALVALOZA
1.From coercion- where there is no intent to detain
or deprive a person of his liberty.
Examples:
A. Dragging a woman to a waiting car but was let go
due to her remonstrations or because she was able
to wrest herself free.
B. a debtor was forcible taken from his store and
brought to a house to compel him to pay.
C. A woman was taken to a house and kept there in
order to break her will and agree to marry the
accused.
D. Where a woman was seen dragging along a missing
boy who was crying and refusing to go with her.
2. Abduction- where the taking away of the woman
against her will (Forcible Abduction) or by artifice
upon a minor girl (Consented Abduction) was with
lewd designs, which was present at the very moment
of the taking away, as it was the purpose thereof.

Further amendments: Serious Illegal Detention,

Kidnapping And Hostage- Taking

Hostage-taking and kidnapping- are often used

interchangeably to describe a crime, which involves
illegal detention. However, if you want to know about
the appropriate charges that must be filed in court, it
is important to know the distinction between the two
legal terms.
Sec. 2. Article two hundred sixty-seven of the
Revised Penal Code is hereby amended to read as
follows:
Art. 267. Kidnapping and serious illegal detention.
-Any private individual who shall kidnap or detain
another, or in any other manner deprive him of his
liberty, shall suffer the penalty of reclusion temporal
in its maximum period to death.
1. If the kidnapping or detention shall have lasted
more then five days.
2. If shall have been committed simulating public
authority .
3. If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained
or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a
minor, female or a public officer.
The penalty shall be reclusion Perpetua to death where
the kidnapping or detention was committed for the
purpose 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.
Sec. 3. Article two hundred and sixty-eight of the
Revised Penal Code is hereby amended to read.
Art. 268. Slight illegal detention. – The penalty of
reclusion temporal shall be imposed upon any private
individual who shall commit the crimes described in the
next preceding article without the attendance of any of
the circumstances enumerated therein.

The same penalty shall be incurred by anyone who

shall furnish the place for the perpetration of the crime.
If the offender shall voluntarily release the person so
kidnapped or detained within three days from the
commencement of the detention, without having
attained the purpose intended, and before the
institution of criminal proceedings against him, the
penalty shall be prison mayor in its minimum and
medium periods and a fine not exceeding seven
hundred pesos.
PRESENTED BY: DEVINE LUIB
Sec. 4. Article two hundred and seventy of the Revised
Penal Code should be amended to read as follows:

Art. 270. Kidnapping and failure to return a minor. The

penalty of reclusion perpetua shall be imposed upon
any person who, being entrusted with the custody of a
minor person, shall deliberately fail to restore the latter
to his parents or guardians."
Sec. 5. Article two hundred and seventy-one of the
Revised Penal Code should be amended to read as
follows:

Art. 271. Inducing a minor to abandon his home. - The

penalty of prision correccional and a fine not exceeding
seven hundred pesos shall be imposed upon anyone
who shall induce a minor to abandon the home of his
parents or guardians or the persons entrusted with his
If the person committing any of the crimes covered by
the two preceding articles shall be the father or the
mother of the minor, the penalty shall be arresto mayor
or a fine not exceeding three hundred pesos, or both.

" Sec. 6. Cases 2, 4 and 5 of Article two hundred

ninety-four of the Revised Penal Code are hereby
amended to read as follows:
2. The penalty of reclusion temporal in its medium period
to reclusion perpetua, when the robbery shall have been
accompanied by rape or intentional mutilation, or if by
reason or on occasion of such robbery, any of the physical
injuries penalized in subdivision 1 of article 263 shall have
been inflicted.
4. The penalty of prision mayor in its maximum period to
reclusion temporal in its medium period, if the violence
or intimidation employed in the commission of the
robbery shall all have been carried to a degree clearly
unnecessary for the commission of the crime, or when in
the course of its execution, the offender shall have
inflicted upon any person not responsible for its
commission any of the physical injuries covered by
subdivisions 3 and 4 of said article 263.

5. The penalty of prision correccional in its maximum

period to prision mayor in its medium period in other
cases."
C. REPUBLIC ACT No. 18

AN ACT TO AMEND ARTICLES SIXTY-TWO, TWO

HUNDRED AND SIXTY-SEVEN, TWO HUNDRED AND
SIXTY-EIGHT, TWO HUNDRED AND SEVENTY, TWO
HUNDRED AND SEVENTY-ONE, TWO HUNDRED AND
NINETY-FOUR, AND TWO HUNDRED AND NINETY-NINE
OF THE REVISED PENAL CODE Section 1. The last
paragraph of article sixty-two of the Revised Penal Code
is hereby amended to read as follows:
"For the purposes of this article, a person shall be
deemed to be habitual delinquent, if within a period of
ten years from the date of his release or last conviction
of the crimes of serious or less serious physical injuries,
robo, hurto, estafa, or falsificacion, he is found guilty of
any of said crimes a third time or oftener."
PRESENTED BY: ERLAGIAN CACANOG
 SEC. 2. ARTICLE TWO HUNDRED SIXTY-SEVEN OF THE REVISED
PENAL CODE IS HEREBY AMENDED TO READ AS FOLLOWS:

• Art.267. Kidnapping and serious illegal detention.

Any private individual who shall kidnap or detain
another, or in any other manner deprive him of his
liberty, shall suffer the penalty of Reclusion temporal in
its maximum period to death.
1.If the kidnapping or detention shall have lasted more than five days.

2.If it shall have been committed simulating public authority.

3.If any serious physical injuries shall have been inflicted upon the

person kidnapped or detained, or if threats to kill him shall have been

made

4.If the person kidnapped or detained shall be a minor, female or a

Sec. 3. Article two hundred and sixty-eight of the

revised penal code is hereby amended to read as

follows:

"Art.268. Slight illegal detention, the penalty od

reclusion temporal shall be imposed upon any private

individual who shall commit the crimes described in

the next preceding article without the attendance of

any of the circumstances enumerated therein.

"The same penalty shall be incurred by anyone who shall

furnish the place for the perpetrator of the crime.

" If the offender shall voluntarily release the person so

kidnapped or detained within three days from the

commencement of the detention, without having

attained the purpose intended, and before the institution

of criminal proceedings against him, the penalty shall be

prison mayor in its minimum and medium periods and a

fine not exceeding seven hundred pesos.

RESENTED BY: ESPERE, SHELLOU
Sec.4. Article two hundred and seventy of the Revised
Penal Code should be amended to read as follows:
"Art. 270. Kidnapping and failure to return a minor.
The penalty of reclusion perpetua shall be imposed
upon any person who, being entrusted with the custody
of a minor person, shall deliberately fail to restore the
latter to his parents or guardians."
Sec. 5. Article two hundred and seventy-one of the
Revised Penal Code should be amended to read as
follows:
Art. 271. Inducing a minor to abandon his home. - The
penalty of prision correccional and a fine not exceeding
seven hundred pesos shall be imposed upon anyone
who shall induce a minor to abandon the home of his
parents or guardians or the persons entrusted with his
custody.
"If the person committing any of the crimes covered by
the two preceding articles shall be the father or the
mother of the minor, the penalty shall be arresto mayor
or a fine not exceeding three hundred pesos, or both."

Sec. 6. Cases 2, 4 and 5 of Article two hundred ninety-

four of the Revised Penal Code are hereby amended to
read as follows:
“2. The penalty of reclusion temporal in its medium
period to reclusion perpetua, when the robbery shall
have been accompanied by rape or intentional
mutilation, or if by reason or on occasion of such
robbery, any of the physical injuries penalized in
subdivision 1 of article 263 shall have been inflicted.
"4. The penalty of prision mayor in its maximum period
to reclusion temporal in its medium period,
if the violence or intimidation employed in the
commission of the robbery shall have been carried to a
degree clearly unnecessary for the commission of the
crime, or when in the course of its execution, the
offender shall have inflicted upon any person not
responsible for its commission any of the physical
injuries covered by subdivisions 3 and 4 of said article
263.
 REPUBLIC ACT NO.
18

Reporter: Nelson G. Cabug-os

5. The penalty of prision correccional in its maximum
period to prision mayor in its medium period in other
cases.’

Sec. 7. The first paragraph of article two hundred

ninety-nine of the Revised Penal Code is hereby
amended to read as follows:
Art. 299. Robbery in an inhabited house or
public building or edifice devoted to worship. -
Any armed person who shall commit robbery in an
inhabited house or public building or edifice devoted to
religious worship, shall be punished by reclusion
temporal, if the value of the property taken shall
exceed two hundred fifty pesos, and if:
(a)The malefactors shall enter the house or
building in which the robbery was committed,
by any of the following means:
1. Through an opening not intended for entrance or
egress.

2. By breaking any wall, roof, or floor or breaking any

door or window.

3. By using false keys, picklocks or similar tools.

4. By using any fictitious name or pretending the

exercise of public authority.

(b) The robbery be committed under any of the

following circumstances:
1. By the breaking of doors, wardrobes, chests, or
any other kind of locked or sealed furniture or
receptacle;

2. By taking such furniture or objects away to be

broken or forced open outside the place of the
robbery."
Sec. 8. This Act shall take effect upon its approval.
(Approved: September 25, 1946)

These given laws, rules and regulations as well as

guidelines are the instruments for investigations of
Crisis related incidents. It is also a measure on how to
mitigate and avert related incidents, these therefore are
necessary for Criminologists and Law Enforcement
agencies and personnel must be knowledgeable
enough.
 MEMBERS:

HURAÑO, KARL DWEN

BAGAYAS, MEL LESLIE
RITCHIE M. SALVALOZA, JOHN
VINCENT
LUIB, DEVINE
CACANOG, ERLAGIAN
ESPERE, SHELLOU
CABUG-OS, NELSON G.