G.R. No. 186123 ; February 27, 2012
People of the Philippines, Appellee, vs. Marites Valerio y Traje, Appellant.

FACTS

The Regional Trial Court (RTC) of Manila, Branch 18, convicted appellant Marites Valerio y Traje of kidnapping under Article 267 of the Revised Penal Code, as amended, for taking 3-year-old Regelyn Incabo y Canete. The trial court credited the testimony of SPO1 Joselito dela Cruz, who positively identified the appellant holding the victim at a squatters’ area near the Navotas fishport hours after she was taken from near her house without parental knowledge or consent. The RTC rejected the appellant’s defense that she merely talked to the child at Pier 14 to prevent her from crossing the street and sentenced her to reclusion perpetua. The Court of Appeals affirmed the RTC’s decision, noting the appellant’s suspicious conduct: she was seen holding the victim at Pier 16 (far from the initial location); she did not report to a nearby barangay outpost at Pier 14; and she misrepresented to the police that she took the child to care for her, contrary to the mother’s protestations.

ISSUE

Whether the Court of Appeals correctly affirmed the appellant’s conviction for kidnapping a minor.

RULING

Yes, the Supreme Court affirmed the conviction. The prosecution established all elements of kidnapping under Article 267(4) of the Revised Penal Code: (1) the appellant is a private individual; (2) she kidnapped or detained another, depriving her of liberty; (3) the act was illegal; and (4) the person kidnapped was a minor. The Court found no reason to reverse the consistent factual findings of the lower courts. The prescribed penalty for kidnapping a minor is reclusion perpetua to death. With no aggravating or mitigating circumstances, the penalty of reclusion perpetua was proper. The Court modified the damages awarded, ordering the appellant to pay the victim ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱30,000.00 as exemplary damages, in line with prevailing jurisprudence.