1. Concept and 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). (Act 3815, Revised Penal Code) |
2. Elements of the offense
Elements of the offense:
1) The offender is a private individual;
2) He commits the crimes described in the next preceding article; and,
3) He commits such acts without the attendance of any of circumstances enumerated therein. (Article 268, Ibid.)
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
