Kidnapping in the Philippines is a serious crime. However, viewpoints of parental relationships are different from one culture to another. In some countries, such as the Philippines, a parent is allowed to take their children without consent from the other parent. So, can a parent be charged with kidnapping in the Philippines?
Kidnapping of a Minor Defined
Kidnapping is any act of taking or detaining another person against their will by force or deception, intending to hold them for ransom or reward. The act must also involve either transporting the victim to a different location or holding them hostage in a particular location. In most countries, kidnapping is considered a felony and carries severe penalties. However, numerous types of kidnapping charges can be filed depending on the circumstances surrounding each case.
In the Philippines, kidnapping is a serious crime that can devastate the victim and their family. Recovering from kidnapping can be just as detrimental to a person’s mental health as abduction.
The Family Code of the Philippines is a comprehensive law that governs family relationships, including parental authority and child custody. Parental authority refers to a parent’s legal rights and responsibilities to make decisions concerning their children. The parental authority of a parent does not apply in cases where the other parent has legal custody of the child or where there is a judicial decree providing for shared parental authority between parents.
Can a Parent Be Charged with Kidnapping in the Philippines?
Regrettably, kidnapping is not always treated as a criminal act in the Philippines. However, the Revised Penal Code was later amended to include provisions for parental criminal liability when trying to recover a missing child.
For instance, if a parent or other individual is given legal custody of a minor child but then fail to return the child to their left-behind parent or legal guardians, that person could face the penalty of reclusion perpetua.
Who Can Be Charged with Kidnapping a Child?
A parent may be charged with kidnapping in the Philippines if they take their child without the consent of another left-behind parent or legal guardian. For instance, if one parent removes their child from school without informing the other parent, or if one parent removes their child from school and refuses to return them when asked by the other parent, this can be considered as kidnapping.
If a non-parent, such as an aunt or uncle, takes a child without the consent of the child’s legal guardian, this could also be considered kidnapping. In addition, a person with no familial ties to a child may be charged with kidnapping if they fail to return the child after being asked to do so by someone with legal custody of the child, such as an aunt or uncle.
Criminal Punishment for Parental Kidnapping
Kidnapping is a serious crime in the Philippines, and the punishment for kidnapping can be severe. Regarding punishment for kidnapping in the Philippines, several factors determine how severe the sentence will be. These factors include whether or not harm was done to the victim during the kidnapping, whether or not ransom was demanded during the abduction and whether or not either party committed other crimes during the incident, such as assault or rape.
It is a crime that carries a life sentence in the Philippines. While many factors may determine the punishment received, those who kidnap children to keep them away from their parents are often imprisoned for life.
Parental kidnapping cases can be difficult to prosecute because they often involve two competing family members who believe they have legal rights over their children. In these cases, we need evidence showing that one party took
Conclusion
The Committee for Missing Children, Inc. is a nonprofit group that helps a left-behind parent and missing children reunite. If your child has been kidnapped in the Philippines, you can get assistance from the organization, which has offices in the Philippines and worldwide. Contact us today.