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PEOPLE v. JUDITH JATULAN Y PONCE

This case has been cited 3 times or more.

	GR No. 174471 2016-01-12	PEOPLE v. JERRY PEPINO Y RUERAS BRION, J.
The elements of kidnapping and serious illegal detention under Article 267 of the Revised Penal Code, as amended, are: (1) the offender is a private individual; (2) he kidnaps or detains another or in any other manner deprives the latter of his liberty; (3) the act of detention or kidnapping must be illegal; and (4) in the commission of the offense, any of the following circumstances is present: (a) the kidnapping or detention lasts for more than three (3) days; or (b) it is committed by simulating public authority; or (c) serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) the person kidnapped or detained is a minor, female, or a public officer. If the victim of kidnapping and serious illegal detention is a minor, the duration of his detention is immaterial. Likewise, if the victim is kidnapped and illegally detained for the purpose of extorting ransom, the duration of his detention is also of no moment and the crime is qualified and becomes punishable by death even if none of the circumstances mentioned in paragraphs 1 to 4 of Article 267 is present.[25]
	GR No. 178300 2009-03-17	PEOPLE v. DOMINGO REYES Y PAJE CHICO-NAZARIO, J.
Under Article 267 of the Revised Penal Code, the crime of kidnapping is committed with the concurrence of the following elements: (1) the offender is a private individual; (2) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (3) the act of detention or kidnapping is illegal; and (4) in the commission of the offense, any of the following circumstances is present: (a) the kidnapping or detention lasts for more than three days; (b) it is committed by simulating public authority; (c) serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) the person kidnapped or detained is a minor, female, or a public officer.[106] All of the foregoing elements were duly establish by the testimonial and documentary evidences for the prosecution in the case at bar. First, appellants and their cohorts are private individuals. Second, appellants and their cohorts kidnapped the Yao family by taking control of their van and detaining them in a secluded place. Third, the Yao family was taken against their will. And fourth, threats to kill were made and the kidnap victims include females.
	GR No. 174659 2008-07-28	PEOPLE v. RAGA SARAPIDA MAMANTAK CORONA, J.
(4) in the commission of the offense, any of the following circumstances is present: (a) the kidnapping or detention lasts for more than three days; (b) it is committed by simulating public authority; (c) any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made or (d) the person kidnapped or detained is a minor, female or a public official. If the victim is a minor, the duration of his detention is immaterial. Likewise, if the victim is kidnapped and illegally detained for the purpose of extorting ransom, the duration of his detention becomes inconsequential. The crime is qualified and becomes punishable by death even if none of the circumstances mentioned in paragraphs 1 to 4 of Article 267 of the Revised Penal Code is present.[9]