GR 121519; (October, 1996) (Digest)
G.R. No. 121519 October 30, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE TY and CARMEN TY, accused-appellants.
FACTS
In November 1987, Johanna Sombong brought her seven-month-old daughter, Arabella, to the Sir John Clinic owned by spouses Vicente and Carmen Ty for treatment. After confinement, the child was ready for discharge, but Sombong lacked funds to settle the bill. She then arranged to leave Arabella in the clinic’s nursery, later agreeing to hire a yaya through Dr. Carmen Ty. Sombong subsequently ceased all contact, failed to pay accumulating fees, and abandoned the child at the clinic for approximately two years without providing contact details. The clinic notified the barangay of the abandonment, and the staff cared for the child.
In 1989, due to Arabella’s sickly condition and need for personal care, a staff member suggested placing her with a guardian. The child was entrusted to Lilibeth Neri. In 1992, Sombong returned to claim her daughter and, upon failing to secure the child, filed criminal charges for kidnapping and failure to return a minor under Article 270 of the Revised Penal Code against the Ty spouses. The Regional Trial Court convicted them and sentenced each to reclusion perpetua.
ISSUE
Whether the accused-appellants are guilty of the crime of kidnapping and failure to return a minor under Article 270 of the Revised Penal Code.
RULING
No. The Supreme Court reversed the conviction and acquitted the accused-appellants. The Court clarified that Article 270 penalizes a person entrusted with the custody of a minor who “shall deliberately fail to restore” said minor to their parents or guardians. The essential element is the deliberate intent to deprive the parents of custody. The evidence failed to establish this deliberate intent on the part of the Ty spouses.
The logical sequence of events demonstrated that the appellants’ actions were motivated by the child’s welfare, not a desire to withhold her. The mother abandoned the child, left no address, and failed to pay mounting bills. The clinic notified local authorities of the abandonment. After years without contact from the mother, and due to the child’s poor health, the staff decided in good faith to place her with a guardian to ensure better care. When the mother returned, the appellants assisted her by locating the child and even seeking NBI help to facilitate the child’s return, but the guardians resisted. This conduct negates any deliberate failure to restore custody. The crime defined in Article 270 was not committed, as the element of deliberate deprivation was absent.