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PEOPLE v.

DELIM
Topic: Kidnapping

ARTICLE USED:
Kidnapping
Elements:
1. The offender is a private individual
2. That he kidnaps or detains another, or in any other manner deprives the latter
of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping or detention lasts for more than 3 days
b. That it is committed simulating public authority
c. That any serious physical injuries are inflicted upon the person kidnapped
or detained or threats to kill him are made; or
d. That the person kidnapped or detained is a minor, female, or a public
officer.

FACTS:
Modesto was having dinner with his family when Delim and 5 others barged inside his
home.
They had guns and knives
Modesto was hogtied and was subsequently taken away by the 6 perpetrators
Days later, Modestos body was found beneath some bushes, already decomposing with
multiple gunshot and stab wounds
Only 3 of the 6 were apprehended by the authorities, they were subsequently charged
with murder
The accused argued that they are not criminally liable for the death of Modesto but only
for kidnapping

ISSUE: Whether or not the crime is murder or kidnapping

HELD:
Murder
Specific intent must be alleged in the information and proved by the prosecution
In the case at bar, the information stated that their crime is murder and not kidnapping
The Court held that the kidnapping that occurred was just used by the perpetrators as a
means in order to achieve or consummate the crime of murder