Slight illegal detention, A268 Revised Penal Code

1. Concept

Slight illegal detention – under the Revised Penal Code, refers to the offense of illegally depriving another of their liberty without the attendant circumstances enumerated in Article 267 of the Revised Penal Code.

a. Legal basis

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 (3) 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 prisión mayor in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (₱100,000). (As amended by R.A. 10951)

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) By depriving another of their liberty without being covered by Article 267 of the Revised Penal Code on kidnapping and serious illegal detention.

a. Mode 1: Deprivation of liberty not covered by Article 267

Elements of the crime of slight illegal detention:

1. That the offender is a private individual.

2. That he kidnaps or detains another,...