S.A 2020/21 B.E CRIMINAL LAW | Question #03
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW
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The accused in a pending case forcibly snatched the daughter of a judge and kept her in an undisclosed location. The accused then called to tell the judge that the daughter would only be released if the judge would acquit the accused in the pending case.
Did the accused commit a crime with these acts? Explain briefly.
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SUGGESTED ANSWER:
Yes, the accused committed kidnapping and serious illegal detention under Art. 267.
Kidnapping and serious illegal detention is committed when a private individual unlawfully kidnaps or detains another for the purpose of depriving the latter of his liberty, and when any of the circumstances in Art. 267 is present.
In this case, the accused kidnapped the daughter of the judge who is a female. In exchange for the daughter’s release, the accused demanded for his acquittal in a pending case, to be decided by the judge. This demand may be considered as a ransom, which qualifies the offense.
Ransom need not necessarily be pecuniary as it may include benefits which may accrue to the kidnapper as a condition for the release of the victim. (People v. Pickrell, G.R. No. 120409, 23 October 2003).
Code: S.A 2020/21 B.E CRIMINAL LAW | Question #03
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