Oabel, Jean Monique C.

#1. Coercion is when a person takes the law into his own hands i.e in that he is without authority of law
or has no right to act, and by means of violence, threat or intimidation, he either compels another to do
something against his will, whether it be right or wrong, or prevents another from doing something not
prohibited by law. If the act prevented is prohibited by law, the accused is not violating but
complementing the law

The essential element of the crime of illegal detention is that there be actual confinement or restraint of
the person. In coercion the intention is not to deprive a person of his liberty or to restrain his liberty.

____

#2. The crime shall be punished as a special complex crime of kidnapping with murder or homicide.
Republic Act No. 7659 amended Art. 267 of the Revised Penal Code which eliminated the distinction
drawn by the courts between those cases where the killing of the kidnapped victim was purposely
sought by the accused, and those where the killing was not deliberately resorted to but was merely an
afterthought. Consequently, the rule now is: "Where the person kidnapped is killed in the course of the
detention, regardless of whether the killing was purposely sought or was merely an afterthought, the
kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as
separate crimes, but shall be punished as a special complex crime under the last paragraph of Art. 267,
as amended by R.A. No. 7659." (People vs. Ramos, 297 SCRA 618, 640-641 [1998], citing Parulan vs.
Rodas, 78 Phil. 855 [1947]).

____

#4. If the purpose of the kidnapping or detention is to extort ransom from the victim or any other
person, even if none of the circumstances mentioned in Art. 267 is present, the penalty is death.

However, if the offender is over 15 but under 16 years of age, it being a privileged mitigating
circumstance, the penalty may be lowered by one degree. (Art. 68)

____

#5. When the violent taking of a woman is motivated by lewd designs, forcible abduction with rape is
the offense. When it is not so motivated, such taking constitutes kidnapping with rape

____

#6. Yes. The essential element or act which makes the offense of kidnapping is the deprivation of an
offended party's liberty under any of the four instances enumerated in Article 267, paragraph 1, of the
Revised Penal Code. Thus, it is essential that there be actual confinement or restriction of the person of
the offended party.

_____

#9. If the offender (a) voluntarily releases the person so kidnapped or detained within three days from
the commencement of the detention, (b) without having attained the purpose intended, and (c) before
the institution of criminal proceedings against him, his liability is mitigated. In effect, it is a privileged
mitigating circumstance because the penalty is lower by one degree.
But to impose the lesser penalty, it must be shown by the offender that he was in a position to prolong
the detention for more than three days and yet he released the person detained within that time.

No mitigation of the penalty is allowed when the proceedings have already been instituted, for the
simple reason that in this case, the accused acted through fear rather than through repentance.

All the requisites mentioned in (a), (b) and (c) must concur. When the victim is a female, the detention is
punished under Art. 267. Voluntary release is not mitigating under that article.