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Kidnapping and failure to return a minor, A270 Revised Penal Code

Kidnapping and failure to return a minor – refers to the offense of deliberately failing to restore a minor to the latter’s parents or guardians after being entrusted custody.

1. Concept

Kidnapping and failure to return a minor – refers to the offense of deliberately failing to restore a minor to the latter’s parents or guardians after being entrusted custody.

a. Legal basis

Article 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.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) By deliberately failing to restore the minor person to the latter’s parents or guardians after being entrusted custody

a. Mode 1: Deliberate failure to restore minor

Elements of the crime of kidnapping and failure to return a minor:

1) The offender is entrusted with the custody of a minor person; and

2) The offender deliberately fails to restore the said minor to his parents or guardians. (People v. Marquez, G.R. No. 181440, 13 April 2011)

Element 1: Entrusted custody

For the 1st element, the offender has been entrusted with the custody of a minor person.

There are many ways in which this may happen. For example, relatives or friends may be entrusted with a minor person, as well as teachers, guards, and any o...

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