Investigation of

Kidnapping

LESSON 9
Legal Definition

Article 267 of the Revised Penal Code, as amended, covers the

crimes of Kidnapping and Serious Illegal Detention. It provides that any
private individual who shall kidnap or detain another or in any manner
deprive him of his liberty shall suffer the penalty of Reclusion Perpetua
to death:
If the kidnapping or detention shall have lasted more than five days.
If it shall have been committed simulating public authority.
If any serious physical injuries shall have been inflicted upon the
person kidnapped or detained; or if threats to kill him shall have been
made.
If the person kidnapped or detained shall be a minor, female or a
public officer.
SECTION 8 OF REPUBLIC ACT. NO. 7659 AMENDED
ARTICLE 267 OF THE SAME CODE READ AS FOLLOWS:
1. IF THE KIDNAPPING OR DETENTION SHALL HAVE LASTED
MORE THAN THREE DAYS.
2. IF IT SHALL HAVE BEEN COMMITTED SIMULATING PUBLIC
AUTHORITY.
3. IF ANY SERIOUS PHYSICAL INJURIES SHALL HAVE BEEN
INFLICTED UPON THE PERSON KIDNAPPED OR DETAINED;
OR IF THREATS TO KILL HIM SHALL HAVE BEEN MADE.
4. IF THE PERSON KIDNAPPED OR DETAINED SHALL BE MINOR,
EXCEPT WHEN THE ACCUSED IS ANY OF THE PARENTS,
FEMALE OR A PUBLIC OFFICER.
What is Kidnapped?

The word kidnap comes from the two word slang words kid
(which means child) and nob (which means steal or snatch)

Kidnapping has been recorded since 1673, which originally

meant stealing children for use as servants and laborers.
Kidnapping in criminal law, is an offense invoking taking and
conveying away a person against his or her will, either by
force, fraud or intimidation. Originally the word applied
only to the abduction of children , but early in English law it
was employed to designate the same offense with regard s to
adults.
Purpose of Kidnapping

Kidnapping is resorted to in order to accomplish any of the followings:

Slaves were often kidnapped and sold in the slave market.
Sailors were shanghaied or kidnapped, and forced to work on ships.
During the early 1800s ships were occasionally stopped and entire crews
forced to work on other ships.
An illegal arrest is actually a form of kidnapping.
Fleeing criminals often kidnap one or more people and hold them as
hostages to reduce the chance of being captured.
Kidnapping has also been used by political terrorists seeking to force
government to meet their demands.
Kidnapping is resorted to for ransom or reward.
What is Hostage?

Is a person help prisoner to force fulfillment of

a demand. If the demand is not met, the
hostage may be killed. The taking of hostages
is illegal under both international law and the
laws of individual nations. The physical
mistreatment of hostages is also illegal but is
considered a separate crime.
Why do hostage taking occurs?

Mosthostage taking occurs in connection

with other crimes or as a result of political
struggles. A bank robber for example, may
seize hostages and threatens to kill them
unless the police allow him or her escape.
 Modus Operandi of Kidnapping

Spotting. The first step in planning a kidnapping operation is to come up with a

shopping list of three to four possible targets that are capable of paying huge
amount of ransom. Targets are usually wealthy businessman.
Surveillance. Targets are then subjected to a thorough surveillance and
investigation.
Risk analysis and target selection. After a thorough investigation, the group
selects one of the targets which present a lower risk and difficulty in ransom
negotiation.
Negotiation. Ransom demand may range to 1 million to 100 million PhP depending
on the paying capacity of the victim and the operational capability of the group.
Collection of ransom. After the ransom has been negotiated, the group will design
a pay-off procedure. The ransom is usually brought to a pre-designed site.
 Kidnapping Precautious

Several recent color photographs of the children and parents.

A list of any scars on unusual physical characteristics, height, weight,
hair, and eye color.
Two sets of family members fingerprints.
List of all passport numbers and the countries that issued them.
List of all drivers license numbers and automobile registrations,
serial numbers, type and model of vehicles.
List of credit cards, bank accounts, and social security numbers.
 Things to do to prevent child
kidnapping
Personally accompany your child to and from school.
Instruct the child not to talk to strangers.
Teach your child how to use telephone.
Teach your child to contact you before going any places.
Make sure your child knows that anything unusual happens or that if anyone says
you are injured or dead that he or she should react by immediately calling you
collect.
As mean of devastating as it sounds and is, many people who kidnap children tell
those children that you are dead
Make sure your child knows his or her address.
Make sure your child knows how to telephone the police of fire department for
 Behavior Suggestions

If you are in a public area at the time of abduction, make as much commotion as possible to
draw attention to the situation.
If the abduction takes place at your hotel room, make noise, attempt to arouse the suspicion or
concern of hotel employees or those in neighboring rooms.
Once you have been forced into a vehicle, you may be blindfolded, physically attacked,
drugged or forced to lie face down on the floor of the vehicle
If drugs are administered, do not resist. Their purpose will be to sedate you and make you more
manageable.
Do not struggle in your confined state; calm yourself mentally, concentrate on surviving.
Employ your mind by attempting to visualize the route being taken, take note of turns, street
noise, smells, etc.
Once you have arrived at your destination, you may be placed in a temporary holding area
before being moved again to or more permanent detention site.
 If you are interrogated:

Retain sense of pride but be cooperative.

Divulge only information that cannot be used against you.
Donot antagonize your interrogator with obstinate
behavior
Concentrate on surviving; if you are to be used a
bargaining tool or to obtain ransom, you will kept alive.
 After reaching what you may
presume to be your permanent
detention site:
Be observant
Keep track of time
Stay mentally active
Know your captors
Use all the above information to seek opportunities to escape
Remain cooperative
Try to establish some kind of rapport with your captors
Maintain your dignity
Stay physically active
Manage your time by setting up your schedules
 Planon lengthy stay and determine to keep track of the
passage time
Ifyou detect the presence of other hostages in the same
location, devise ways to communicate with one another.
DO NOT be uncooperative, antagonistic, or hostile towards
your captors.
Watch of sign of STOCKHOLM SYNDROME
Kidnappings in the Philippines

In
the Philippines, acts of terrorism
have been resorted to by the so-called
domestic threat groups in furthering their
respective causes. These are the local
communist movement, the secessionist
movement and the Abu Sayyaf Group.
The Secessionist Movement

MORO NATIONAL LIBERATION

FRONT (MILF)
MORO ISLAMIC LIBERATION
FRONT (MNLF)
ABU SAYYAF GROUP