GR 143644; (August, 2002) (Digest)
G.R. No. 143644 , August 14, 2002
People of the Philippines, plaintiff-appellee, vs. Rubirosa Pastrana y Tefora, accused-appellant.
FACTS
Complainant Erma Postejo, working in Canada, entrusted accused-appellant Rubirosa Pastrana with processing the travel documents of her 9-year-old son, Willy Garpen, and sent her money for this purpose. On March 16, 1997, accused-appellant fetched Willy from Caloocan and brought him to her apartment in Tondo, Manila, purportedly to bring him to the hospital for acute bronchitis. On March 19, 1997, Erma ordered accused-appellant to return Willy to Caloocan after accused-appellant made various monetary demands (including P4,000 for alleged hospital expenses, P60,000 for a water purifier, and money for her job application). Accused-appellant ignored this order. Willy was reported missing from accused-appellant’s apartment on March 26, 1997. The prosecution established that accused-appellant’s claim about Willy’s medical treatment was false and that she had misused the money sent by Erma. Accused-appellant was charged with kidnapping and failure to return a minor under Article 270 of the Revised Penal Code.
ISSUE
Whether the Regional Trial Court erred in convicting accused-appellant of the crime of kidnapping and failure to return a minor.
RULING
The Supreme Court AFFIRMED the conviction with MODIFICATION on the damages. The essential elements of the crime under Article 270 are: (1) the offender is entrusted with the custody of a minor, and (2) the offender deliberately fails to restore the minor to his parents or guardians. The Court held that accused-appellant was entrusted with the custody of Willy when she took him to her apartment. Her failure to return him upon Erma’s order on March 19, 1997, was deliberate, as evidenced by her false representations, misuse of funds, and monetary demands, using Willy as a pawn. Her willful omission consummated the crime, and Willy’s subsequent disappearance was immaterial. The award of moral damages was reduced from P500,000 to P100,000, and nominal damages from P100,000 to P50,000, with legal interest of 6% per annum from the date of the trial court’s judgment.