G.R. Nos. 151111-12 December 1, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. ERNESTO M. ESCALANTE, appellant.

FACTS

In Criminal Case No. 2858, appellant Ernesto Escalante, the former common-law spouse of Marilyn Balgua’s mother, kidnapped Marilyn in 1992 when she was twelve years old. He threatened her with a knife, forced her to travel to Pangasinan, and there detained her for nearly six years. During her captivity, she was repeatedly raped, resulting in the birth of two children, and was closely guarded to prevent escape. She managed to flee in January 1998. In Criminal Case No. 2857, the appellant similarly kidnapped Marilyn’s sister, Marialisa Balgua, in 1995 by threatening to kill her. He detained her in a locked bungalow in Pangasinan for three years, during which he also repeatedly raped her, leading to the birth of a child. She escaped in January 1998. Both victims reported their ordeal upon returning home.
The appellant denied the accusations, claiming the victims and their mother voluntarily visited him to seek help in registering Marialisa’s child under his name. He asserted the charges were fabricated. The Regional Trial Court convicted him of two counts of Kidnapping with Serious Illegal Detention under Article 267 of the Revised Penal Code and imposed the death penalty for each count, prompting automatic review.

ISSUE

Whether the appellant is guilty beyond reasonable doubt of the complex crime of Kidnapping with Serious Illegal Detention.

RULING

Yes, the appellant is guilty. The Supreme Court affirmed the conviction but modified the penalty. The elements of Kidnapping and Serious Illegal Detention are: (1) the offender is a private individual; (2) he kidnaps or detains another, or in any manner deprives the victim of liberty; (3) the act of detention or kidnapping must be illegal; and (4) in the commission of the offense, any of the circumstances under Article 267 is present. The testimonies of Marilyn and Marialisa, found credible and consistent by the trial court, conclusively established all elements. Their detailed accounts of abduction by threat of death, prolonged detention, and restraint of liberty were corroborated by the physical and psychological control exerted by the appellant, including the locked quarters and constant guarding.
The duration of detention—several years—and the minority of Marilyn at the time of her kidnapping qualified the crimes under Article 267. The commission of rape during captivity constituted a “dehumanizing act,” warranting the imposition of the maximum penalty. However, owing to the passage of Republic Act No. 9346 prohibiting the death penalty, the Supreme Court modified the sentence. The appellant was sentenced to reclusion perpetua without eligibility for parole for each count. The Court also affirmed the award of civil indemnity and moral damages to the victims, upholding the finding that the appellant’s guilt was proven beyond reasonable doubt.