Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
irst Regular Session

539

House Bill No.

Introduced by Honorable Dan S. Fernandez

EXPLANATORY NOTE,

Kidnapping has been defined as the crime of seizing, confining, inveigling.
abducting, or carrying away a person by force or fraud often with a demand for ransom
in furtherance of another crime.

In recent years, a new type or kind of “kidnapping” has emerged. Known as fake
or hoax kidnapping, it happens when the supposed “victim” stages his or her own
kidnapping for the purpose of extorting ransom from the victim's own family or other
entities or coercing the latter to do or not to do an act. The Philippine National Police-
Anti-Kidnapping Group (PNP-AKG) has recorded some 35 hoax kidnapping incidents
from 2017 to 2019.

The problem with hoax kidnapping is that there is no such specific and distinct
crime that is defined and penalized either in the Revised Penal Code or in our special
statutes. Hence, the perpetrators of these fake kidnappings are charged only for
violations of Articles 318 or 287 of the Revised Penal Code (RPC). Article 318 punishes
“other deceits” with arresto mayor (imprisonment of one month and one day to six
months) and a fine of not less than the amount of the damage caused and not more than
twice the amount. On the other hand, Article 287 punishes “other coercions or unjust
vexations” with arresto menor (imprisonment of one day to 30 days) or a fine from
P 1,000 to not more than P40,000, or both.

The solution does not seem (o lie in amending Article 267 of the Revised Penal
Code (on kidnapping and serious illegal detention). Since there is no real or actual
kidnapping that takes place in hoax kidnapping, it would be somewhat incongruous to
put a new provision penalizing it under or in relation to the existing article on
kidnapping and serious illegal detention. A more feasible approach would be to craft an
entirely new special law that would define and penalize the new crime.


This bill recognizes the reality of fake or hoax kidnapping and its pernicious
effects on society by making it a specific and distinct crime.

‘On the basis of the foregoing reasons, the immediate passage of this bill is
earnestly sought.

HON. DAN S
Representative
Lone District, Santa Rosa City

FERNANDEZ



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session

House Bill No,_ 539

Introduced by Honorable Dan S. Fernandez

AN ACT

DEFINING AND PENALIZING THE CRIME OF HOAX KIDNAPPING

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

SECTION 1. Hoax Kidnapping: Penalties. ~ Hoax kidnapping is the faking,
orchestrating or staging by a person of his or her own kidnapping and detention for the
purpose of extorting ransom from that person’s family or other entities, or coercing the
latter to do or not to do an act. Any person who is found guilty of hoax kidnapping shall
suffer the penalty of prision correccional and a fine of one hundred thousand pesos
(P100,000,00) to one million pesos (P1,000,000.00).

SEC. 2. Repealing Clause. ~ All laws inconsistent with this Act are hereby
repealed or modified accordingly. All other laws, decrees executive order, rules and
regulations, or parts or provisions thereof which are not affected shall continue to remain
in full force and effect.

SEC. 3. Effectivity. - This Act shall take effect fifteen (15) days following
completion of its publication in at least two (2) newspapers of general circulation.

Approved,