GR 110097; (December, 1997) (Digest)
G.R. No. 110097 December 22, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARNULFO ASTORGA, accused-appellant.
FACTS
Accused-appellant Arnulfo Astorga was charged with kidnapping under Article 267(4) of the Revised Penal Code for allegedly kidnapping eight-year-old Yvonne Traya on December 29, 1991, in Tagum, Davao. The prosecution evidence established that around 6:30 PM, during a brownout, Astorga approached Yvonne, told her to go with him to buy candy, and when she did not answer, he grabbed her hand, placed his hand on her shoulder, and covered her mouth. He then dragged her towards the Maco Elementary School compound and, after walking inside its perimeter fence, brought her out to the highway walking towards Tagum, which was the opposite direction of her home. Yvonne protested and cried, but Astorga did not heed her. A group of men, suspicious of Astorga’s behavior, chased, overtook, and apprehended him. They rescued Yvonne and brought both her and Astorga back to her home. The defense claimed Astorga was drunk, that Yvonne had asked him for money to buy candy, and that they merely went for a stroll so his drunkenness could subside, but he got lost. The trial court convicted Astorga of kidnapping and sentenced him to reclusion perpetua.
ISSUE
Whether the acts proven by the prosecution constitute the crime of kidnapping.
RULING
No. The Supreme Court ruled that the prosecution failed to prove the essential element of actual detention or deprivation of liberty required for kidnapping. The evidence only showed that Astorga forcibly dragged the victim towards an unknown place. There was no proof that he actually locked her up, confined her, or detained her in any enclosure. Since the element of actual detention was absent, the crime committed was not kidnapping but grave coercion under Article 286 of the Revised Penal Code, which involves preventing another from doing something not prohibited by law, or compelling him to do something against his will, whether it be right or wrong, by means of violence, threats, or intimidation. The Court modified the trial court’s decision, convicted Astorga of grave coercion, and sentenced him to an indeterminate penalty of four (4) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum.