GR 120988; (August, 1997) (Digest)
G.R. No. 120988 August 11, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROSEMARIE DE LA CRUZ y NIEVA, accused-appellant.
FACTS
Accused-appellant Rosemarie de la Cruz was charged with kidnapping and serious illegal detention of a minor. The Information alleged that on September 27, 1994, in Manila, she willfully and unlawfully kidnapped, detained, or deprived seven-year-old Whiazel Soriano of her liberty. The prosecution’s evidence showed that Cecilia Caparos, a neighbor of the victim, saw accused-appellant holding Whiazel’s hand and leading her out of the Aurora A. Quezon Elementary School grounds. When Caparos intervened, accused-appellant gave inconsistent explanations, stating she asked Whiazel to bring her to the child’s mother, while Whiazel said accused-appellant requested help in looking for the school dentist and later for accused-appellant’s child. Whiazel testified she voluntarily went with accused-appellant to help find the dentist, was not threatened or hurt, and they never left the school compound. She stated that when Caparos saw them, she asked to go but accused-appellant refused and held her hand. The defense presented testimony that accused-appellant went to the school to look for a dentist, Dr. Medina, for her sick daughter, and that she did not hold or talk to the child. The trial court convicted accused-appellant of consummated kidnapping and serious illegal detention, sentencing her to reclusion perpetua and ordering her to pay moral damages.
ISSUE
Whether the acts of accused-appellant constitute the consummated crime of kidnapping and serious illegal detention of a minor.
RULING
The Supreme Court modified the trial court’s decision. It held that the felony committed was only attempted kidnapping and serious illegal detention of a minor, not the consummated crime. The Court found that while accused-appellant commenced the commission of the felony by deceiving the child and holding her hand, the deprivation of liberty was not indubitably established. The victim had initially gone voluntarily, the incident was brief, and people were present. The timely intervention of Cecilia Caparos thwarted the completion of the felonious design. Thus, the crime was in the attempted stage. The penalty was lowered to an indeterminate sentence of two (2) years and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. The award of moral damages was deleted for lack of evidence of moral suffering.