Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

ENTH (15TH) CONGRESS
Second (2"™) Regular Session

House Bill No__ 9083

Introduced by: Rep. Bernadette Herrera-Dy

EXPLANATORY NOTE

Kidnapping in general continues to be a major security threat in this country.
‘The Philippines’s Annual Kidnapping Report for 2010! already recognized that
kidnap-for-ransom has become a highly profitable business for many organized crime
syndicates and terrorist organizations.

In a report published by the AKE Group’, the Philippines is ranked fifth in the
world for frequency of foreigners kidnapped.

The recent discovery of the modus operandi of certain syndicated gangs
preying on minors with disabilities is highly deplorable and appalling. News Reports’
have released information stating that a number of female minors with disabilities
have been abducted and forced to become sex slaves by the so-called “Kidnap Pipi
Gang”

One such victim, a deaf mute, stated that she was abducted, her liberty
restrained and coerced to become a sex slave and a beggar for three months, She also
stated that her abductors are also keeping as many as eight other children with
disabilities in captivity

‘The Philippine National Police have stated that the syndicate specifically
targets blind, deaf and mute girls by observing their movements near Special
Education schools because it is difficult for them to adequately report their ordeal and
describe the features of their captors

' PSA Group. Philippines Annual Kidnapping Report — Recapping 2010.
http:/Iwww.psagroup.coni/knowledgesales/index php?option=report&id-RCAA-SNLATC

? AKE Group. Kidnap Brief—Q2 2011 Hotspots.
http://vww.akegroup,.com/mail2all/preview.php?c=37178an=0&previewtype-html&a-O&h=642ecf21
£6887F4 1 1dd6sfe20bfoedbe

* See “Another ‘Kidnap Pipi Gang’ Victim Surfaces”, ABS-CBN News, http://www abs-

ccbnnews, com/-depth/03/27/12/another-kidnap-pipi-gang-victim-surfaces, “Disabled Persons Cry Foul
Over Kidnappings”, ABS-CBN News, http://www abs-cbnnews com/video/nation/metro-
rmanila/03/27/12/disabled-persons-cry-foul-over-kidnappings



A report published by Agora Business Intelligence‘ theorizes on the
psychological mindset of the perpetrators in these cases. They state, “In the minds of
criminals the answer is simple: fewer risks and more profits. People with disability
that they target will have a hard time communicating with anyone, including
authorities, to alert them of their condition.”

The same report also wams of possible copycat gangs and syndicates adopting
this modus operandi considering the ease of commission and amount of profits.

This alarming practice by syndicates and gangs must be brought to an end. It
is for this purpose, and for the protection of all persons with disabilities, that the
provisions of the Revised Penal Code on Kidnapping provide for stricter penalties for
any kidnapping or serious illegal detention of persons with disabilities.

Urgent approval of this bill is eamestly sought

BERNADETTE RA-DY

* Agora Business Intelligence. “Kidnappers Targeting Mute, Deaf and Blind Girls for Sex Trade”.
http://agora phrecent.php?id=601


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH (15TH) CONGRESS:
Second (2*) Regular Session

House Bitt No,_ 08 83

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT TO AMEND ARTICLE TWO HUNDRED AND SIXTY-SEVEN OF
THE REVISED PENAL CODE

Be it enacted in the Senate and House of Representatives of the Philippines in
the Congress assembled:

Section 1. Article two hundred and sixty-seven of the Revised Penal Code
is hereby amended to read as follows:

“Art. 267. Kidnapping and serious illegal detention. ~ Any
private individual who shall kidnap of detain another, or in any other
manner deprive him of his liberty, shall suffer the penalty of reclusion
perpetua

1. Ifthe kidnapping or detention shall have lasted more than three
days;

2. Ifit shall have been committed simulating public authority;

3. If any serious physical injuries shall have been inflicted upon the

person kidnapped or detained, or if threats to kill him shall have been

made;

4. If the person kidnapped or detained shall be a minor, except when

the accused is any of the parents, female, or a public officer.

5. If the person kidnapped or detained is a person with disability

In cases falling under the fifth category above, disabled persons
shall refer to those suffering from restriction or different abilities, as a
result of a mental, physical or sensory impairment, to perform an
activity in the manner or within the range considered normal for a
human being Impairment shall refer to any loss, diminution or
aberration of psychological, physiological, or anatomical structure or
function. Disability shall refer to a physical or mental impairment that


substantially limits one or more psychological, physiological or
anatomical function of an individual or activities of such individual.

Where the kidnapping or detention was commitied for the
purpose of extorting ransom from the victim or any other person, even
if none of the circumstances above mentioned were present in the
commission of the offense, the penalty shall be reclusion perpetua, and
no mitigating, justifying, alternative, or exempting circumstance may
be raised as a defense.

When the victim is killed or dies as a consequence of the
detention, or is raped or is subjected to torture or dehumanizing acts,
the penalty shall likewise be reclusion perpetua, and no mitigating,
justifying, alternative, or exempting circumstance may be raised as a
defense.”

Section 2. Separability Clause — In the event that any provision of this Act is

declared unconstitutional, invalid, or illegal, the constitutionality, validity, or legality

of the remainder of the provisions of this Act shall not be affected thereby.

Section 3. Repealing Clause. All laws, presidential decrees, letters of

instructions, executive orders, administrative orders, rules, regulations, and other
issuances or parts thereof which are contrary to or inconsistent with the provisions of

this Act are hereby revoked, repealed or modified accordingly.
Section 4. Effectivity. This Act shall take effect fifteen (15) days following

the completion of its publication in any two (2) national newspapers of general

circulation.

Approved,