This case has been cited 1 times or more.
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2004-01-21 |
CARPIO, J. |
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| Under this provision, when the person kidnapped or illegally detained is raped, the offense committed is the special complex crime of serious illegal detention or kidnapping with rape, punishable with the maximum penalty of death.[15] The last paragraph of Article 267 applies only to instances where the person illegally detained or kidnapped is raped. It does not provide for a complex crime of rape with serious illegal detention. As the Court ruled in Lactao, there is no complex crime of illegal detention with rape under Article 48 of the Revised Penal Code. There is also no complex crime of kidnapping with attempted rape under Article 48 because there is no single act which results in two or more grave or less grave felonies. Neither is illegal detention a necessary means for committing rape.[16] | |||||