This case has been cited 1 times or more.
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2012-10-10 |
LEONARDO-DE CASTRO, J. |
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| As for the crime of kidnapping, the following elements, as provided in Article 267 of the Revised Penal Code, must be proven: (a) a person has been deprived of his liberty, (b) the offender is a private individual, and (c) the detention is unlawful.[32] The deprivation required by Article 267 means not only the imprisonment of a person, but also the deprivation of his liberty in whatever form and for whatever length of time. It involves a situation where the victim cannot go out of the place of confinement or detention or is restricted or impeded in his liberty to move. In other words, the essence of kidnapping is the actual deprivation of the victim's liberty, coupled with indubitable proof of the intent of the accused to effect such deprivation.[33] | |||||