Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her parents to drive her to and from school every day. Enrique wrote a ransom note demanding that Carla’s parents pay him P500,000.00 ransom in exchange for her liberty. However, before the ransom note could be received by Carla’s parents, Enrique’s hideout was discovered by the police. Carla was rescued while Enrique was arrested. The prosecutor considered that the ransom note was never received by Carla’s parents and filed a case of “Impossible crime to commit kidnapping” against Enrique. Is the prosecutor correct? If he is not correct, can he instead file a case of grave coercion? (4%)
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The prosecutor is incorrect in filing an impossible crime, and he cannot file grave coercion. Under Article 4(2) of the RPC, impossible crimes apply exclusively to offenses against persons or property, not personal
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Quick check
When is the crime of Kidnapping for Ransom under Article 267 of the RPC considered fully consummated?
Kidnapping for ransom is consummated the moment the victim is deprived of liberty with intent to extort ransom.
Why is the doctrine of Impossible Crime under Article 4(2) RPC inapplicable to Kidnapping for Ransom?
Article 4(2) RPC explicitly limits impossible crimes to offenses against persons and property.
Does the failure of the victim's parents to receive the ransom note affect the consummation of Kidnapping for Ransom?
Non-receipt of the ransom note does not affect the consummated crime of kidnapping for ransom.
Can the prosecutor validly file a charge of Grave Coercion instead of Kidnapping for Ransom in this case?
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What title of Book Two of the Revised Penal Code embraces the felony of Kidnapping and Serious Illegal Detention?
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Learn more about these topics
1. Kidnapping for Ransom
Under Article 267 of the Revised Penal Code, kidnapping for ransom is committed by taking away or detaining another person for the purpose of extorting ransom. The offense is fully consummated at the moment the victim is deprived of personal liberty for the purpose of demanding ransom, regardless of whether the ransom note was actually received by the victim's family or whether the ransom was paid. The actual demand or receipt of ransom is not an essential element to consummate the crime of kidnapping for ransom.
2. Impossible Crime Limits
Under Article 4, paragraph 2 of the Revised Penal Code, an impossible crime is committed when an act is performed which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Impossible crimes apply exclusively to crimes against persons and crimes against property. Kidnapping for ransom is a crime against personal liberty under Title Nine of Book Two, making the doctrine of impossible crime legally inapplicable.
3. Inapplicability of Coercion
Under Article 286 of the Revised Penal Code, grave coercion is committed by compelling another by means of violence, threats, or intimidation to do something against his will or preventing him from doing something not prohibited by law. When the offender detains a person and demands ransom for her release, the specific and grave felony of kidnapping for ransom absorbs the legal elements of coercion. Consequently, the prosecutor cannot substitute the consummated crime of kidnapping for ransom with a lesser charge of grave coercion.