G.R. No. 144316. March 11, 2002.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TERESA BERNARDO Y TAMBIEN, accused-appellant.

FACTS

On May 13, 1999, at Fabella Memorial Hospital in Manila, 12-year-old Maria Roselle Tolibas was holding her 15-day-old sister, Rosalyn, while their mother was inside for a check-up. Appellant Teresa Bernardo sat beside Roselle, befriended her, and gave her money to buy ice water. Bernardo took custody of the baby, assuring Roselle she would care for her. Upon failing to find ice water, Roselle returned and saw Bernardo running away with the infant. Roselle chased and clung to Bernardo, shouting for help until Barangay Kagawad Emerento Torres intervened. Bernardo claimed she was merely looking for the baby’s mother, but Torres retrieved the child and confirmed Rosita Tolibas was the mother at the hospital. Bernardo was subsequently arrested.
The defense presented a contrary version, with Bernardo testifying that Roselle voluntarily handed her the baby and then ran away, and that she was merely searching for the child’s mother when accused. The Regional Trial Court convicted Bernardo of kidnapping and failure to return a minor under Article 270 of the Revised Penal Code, sentencing her to reclusion perpetua and ordering her to pay moral and nominal damages totaling P350,000. Bernardo appealed, contesting the sufficiency of evidence and the propriety of the damages awarded.

ISSUE

Whether the prosecution proved beyond reasonable doubt that appellant is guilty of kidnapping and failure to return a minor under Article 270 of the Revised Penal Code, and whether the awards for moral and nominal damages were proper.

RULING

The Supreme Court affirmed the conviction but modified the damages. The crime under Article 270 requires that a minor is entrusted to another person, and that person deliberately fails to restore the minor to their parents or guardians. The Court found the prosecution’s evidence credible, establishing that Bernardo, having been entrusted with the baby when Roselle left on an errand, deliberately refused to return the child upon Roselle’s pleas and attempted to flee. Her claim of innocently searching for the mother was rejected as contrary to the credible testimony of Roselle and Kagawad Torres.
Regarding damages, the Court held that moral damages are recoverable as the crime is analogous to illegal detention under Article 2219 of the Civil Code. However, the awarded P300,000 was deemed excessive given the brief duration of the deprivation, and was reduced to P10,000. Nominal damages under Article 2221 were also proper to vindicate the violated right, but the P50,000 award was similarly reduced to P10,000. Thus, the conviction was upheld with modified damages.