A Real Nightmare

Posted by Admin | Posted in Felonies (Revised Penal Code), Law on Crimes, True Stories | Posted on 02-08-2010

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Rina” was a 30 year old British woman who spent a summer getaway in the Philippines. She stayed at a beach resort in Palawan where she met “Eric” – the son of the owners of the resort. Rina and Eric felt physically attracted to each other and soon developed a passionate love affair. They made love almost every night! One day, Eric took Rina to another resort owned by his granduncle. There they met “Noel” – Eric’s friend who was a tourist guide in that resort. In the evening of the same day, the three (Rina, Eric and Noel), together with two other male employees of the resort, went out to drink and party. When they went back to the resort, the men decided to go on spear fishing while Rina proceeded to the cottage assigned to her and Eric. She had a few drinks of rhum and beer and was feeling a little dizzy. pinoylegal

While Eric was still out, Rina fell asleep. At about two thirty in the morning, she was awakened by the touch of a man who was then pulling down her panties. Because, the lights inside the cottage were off and she thought it was Eric, she did not stop him. The man then slightly parted her legs, removed his briefs and inserted his on hers. When he was satisfied, the man whispered: “Rina, it’s not Eric, it’s Noel. I love you.” When Rina heard this, she cried and became hysterical. She quickly washed herself as if to undo everything that has happened. www.pinoylegal.com

Meanwhile, Eric’s grandaunt heard Rina’s cry and rushed to their cottage. Thinking that Eric was forcing himself on Rina, she tried to intervene and shouted from outside. Then she saw Eric approaching the cottage holding a lighted petromax. At that same time, Eric saw Noel coming out of their cottage. Eric quickly thought that Noel might have molested Rina.  Eric had heard complains about Noel making sexual advances to other guests in the resort.  Infuriated, he hurriedly walked to the cottage and punched Noel. The two companions of Eric reported the incident immediately to the police who then captured Noel and brought him to the police station for investigation. www.pinoylegal.com Read the rest of this entry »

Kidnapping and serious illegal detention

Posted by Admin | Posted in Felonies (Revised Penal Code), Law on Crimes | Posted on 01-06-2010

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The crime of kidnapping and serious illegal detention is found in Article 267 of our Revised Penal Code.  The following are its essential elements:

1) The offender is a private individual.

2) He kidnaps or detains another, or in any other manner deprives the latter of his liberty.

3) The act of detention or kidnapping is illegal.

4) Any of the following circumstances is present in the commission of the crime:

a) the kidnapping/detention lasts for more than 3 days

b) it is committed simulating public authority

c) any serious physical injuries are inflicted upon the person kidnapped/detained or threats to kill him are made

d) the person kidnapped is a minor, female or public officer [Reyes, Luis B., The Revised Penal Code, Book II]

If the offender is a public officer, it could be arbitrary detention (under Article 124, RPC) or some other forms of deprivation of liberty.

The deprivation of liberty does not always mean actual physical restraint on the person of the victim.  The victim need not be locked in a room, house or any enclosure.  The victim need not be tied or handcuffed.  It is enough that the acts of the accused “produce fear in the mind of the victim” such that the victim’s “actions and movements are in accordance with the wishes of the accused” (Astorga vs. People of the Philippines, GR No. 154130, October 1, 2003).