GR 168552; (October, 2011) (Digest)
G.R. No. 168552 ; October 3, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JERRY JACALNE y GUTIERREZ, Accused-Appellant.
FACTS
On March 8, 1996, seven-year-old Jomarie Rosales was walking home from school in Las Piñas when accused-appellant Jerry Jacalne followed her, caught up with her, and dragged her to his house despite her refusal. At his fenced residence, he tied her hands with a rope. After about an hour, he untied her, instructed her on how to walk home, and threatened to kill her if she told anyone. Jomarie reached home but, out of fear, only reported the incident to her mother, Marissa Rosales, three days later. They reported it to the barangay, and Jomarie pointed out appellant when they went to Patola Street. Jomarie executed a sworn statement and identified appellant at the police station on March 14, 1996. Appellant denied the accusation, claiming the victim and her mother approached him on March 12 asking about a different incident. The defense presented witnesses whose testimonies tended to show Jomarie had denied appellant was the kidnapper on several occasions. The Regional Trial Court convicted appellant of Kidnapping and Serious Illegal Detention and sentenced him to reclusion perpetua. The Court of Appeals affirmed the decision.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s conviction of the accused-appellant for the crime of Kidnapping with Serious Illegal Detention.
RULING
The Supreme Court denied the appeal and affirmed the conviction. The Court upheld the findings of the trial and appellate courts on the credibility of the prosecution witnesses, particularly the victim, Jomarie Rosales. The crime of Kidnapping and Serious Illegal Detention under Article 267 of the Revised Penal Code, as amended, was established. All elements were proven: appellant is a private individual; he kidnapped and detained Jomarie, thereby depriving her of liberty; the detention was illegal; and the victim was a minor. The essence of kidnapping is the actual deprivation of liberty coupled with the intent to effect it. The act of dragging the minor to his house and tying her hands clearly demonstrated this intent and deprivation. The duration of detention (about one hour) is immaterial when the victim is a minor. The defense of denial cannot prevail over the positive and categorical identification by the victim. The penalty of reclusion perpetua was affirmed.