Solon pushes bill penalizing hoax kidnapping

A member of the House of Representatives is pushing for the passage of his bill penalizing "hoax kidnapping."

According to Tina Panganiban-Perez’s report on “24 Oras” on Wednesday, Santa Rosa City Rep. Dan Fernandez said reported incidence of the so-called "kidnap me" scheme necessitates a law that would punish it.

House Bill No. 539 defines hoax kidnapping as “faking, orchestrating or staging by a person of his or her own kidnapping and detention for the purpose of extorting ransom from the person’s family or other entities, or coercing the latter to do or not to do an act.”

Under the measure, any person who may be involved in hoax kidnapping may be imprisoned from six months to six six years and be fined from P1,000 to P1 million.

From 2017 to 2019, Fernandez said around 35 cases of hoax kidnapping were recorded by the Philippine National Police (PNP).

“Alam nila na mayaman ang pamilya nila. May mga anak na gusto nilang kukuhanan ng pera ang mga kanilang magulang. So kukuntsabahin niya yung mga barkada,” he said.

(They know that their family is rich. There are children who want to take money from their parents. So, they would ask their friends to kidnap them.)

Currently, those who pose as victims of hoax kidnapping are charged with fraud under the Revised Penal Code.

“Sa Article 318 parang other deceits lang, ‘yung mga panloloko. So, ang penalty lang du'n parang 1 month to 6 months. Tapos ang monetary penalty niya parang not more than d’un sa cost of damage,” Fernandez said.

(In Article 318, it's like other deceptions such as frauds. So, the only penalty is like 1 month to 6 months. Then the monetary penalty is not more than the cost of damage.)

“Sa Article 287, ‘yung unjust vexation or ‘yung mga tinatawag na coercion. Ang penalty naman d’un mas mababa ‘yun, P1,000 to P40,000 or parang 1 month to 6 months ang kanyang imprisonment. So nakita namin na masayadong light ‘yung penalty,” he added.

(In Article 287, it’s unjust vexation or coercion. The penalty is lower, P1,000 to P40,000 or imprisonment is like 1 month to 6 months. So, we saw that the penalty was light.)

Under the Revised Penal Code, the penalty for kidnapping and serious illegal detention is reclusion perpetua.

Fernandez, however, said that reclusion perpetua is too much penalty for hoax kidnapping.

Asked if those who post on social media allegedly been kidnapped but did not demand ransom money would also be penalized, Fernandez said, “Papasok 'yan sa intent kasi kapag naglalagay ka na sa social media na mayroon ka nang intent to that crime, papasok yan sa bill natin. During the deliberation, d’un na papasok ang mga ganyang provision.”

(That will be included in the intent because when you post on social media that you already have an intent to that crime, it will be included in our bill. During the deliberation, that's where such provisions could come in.)

Meanwhile, National Capital Region Police Office spokesperson Police Lieutenant Colonel Dexter Versola expressed support for the proposed bill.

“Mas magandang ma-filter out at wala pong mga fake news or hoax or rehashed information na nakakagawa ng inconvenience at takot sa ating mga mamamayan. So, I agree na sana magkaroon ng mas maigting na batas to address the issue,” Versola said.

(It’s better to be filtered out so there would be no fake news, hoax or rehashed information that creates inconvenience and fear to our citizens. So, I agree that there should be a stricter law to address the issue.)

The proposed measure is currently pending before the House Committee on Justice.—Mel Matthew Doctor/LDF, GMA News