FACTS : An Information dated March 6, 2006 charged Zenaida Fabro (a.k.a. Zenaida Viñegas Manalastas) with Serious Illegal Detention under Article 267 of the Revised Penal Code (RPC), in relation to Republic Act No. 7610. On March 2, 2006, accused-appellant fetched AAA, a 9-year-old Grade IV pupil, from her school after representing to the teacher that she would take the child. Instead of returning AAA home, accused-appellant brought her to Nueva Ecija and kept her there for four (4) days, despite AAA's repeated pleas to go home and despite her parents' requests by cellular phone for her release. After AAA's parents reported the incident to the police, authorities located accused-appellant at her brother's house in Barangay Villa Viniegas, Nueva Ecija, where AAA was rescued and accused-appellant arrested on March 5, 2006.
The defense claimed that AAA voluntarily accompanied accused-appellant with the consent of both AAA's mother and teacher, and that she merely intended to bring the child to help prove a dispute with her husband before the barangay captain. The Regional Trial Court (RTC) rejected this defense, found accused-appellant guilty beyond reasonable doubt of Serious Illegal Detention under Article 267 of the RPC, and sentenced her to reclusion perpetua, with ₱100,000 moral damages awarded to AAA. The Court of Appeals (CA) affirmed the conviction in toto. On appeal before the Supreme Court, accused-appellant argued that the prosecution failed to establish beyond reasonable doubt that she intended to detain the child.
ISSUE : WON the CA is correct
HELD : Yes. The Supreme Court denied the appeal and affirmed the conviction of accused-appellant for Serious Illegal Detention. The Court held that all the elements of the offense were present: (1) accused-appellant was a private individual; (2) she detained and deprived AAA of her liberty; (3) the detention was illegal; and (4) the victim was a minor, making the duration of detention immaterial under Article 267 of the Revised Penal Code. The Court emphasized that actual physical restraint is not indispensable to constitute illegal detention. Citing People v. Bisda and People v. Acosta, it ruled that a child who is taken to an unfamiliar place and prevented from returning home remains deprived of liberty even if not physically restrained or locked up. Considering AAA's young age, unfamiliarity with Nueva Ecija, and inability to return home without accused-appellant's assistance, she was clearly under the latter's control and deprived of her freedom.
The Court likewise rejected accused-appellant's claim that AAA voluntarily accompanied her. It held that a minor cannot validly consent to his or her own detention, and that lack of parental consent was clearly shown by the immediate police report filed by AAA's parents and their repeated demands for the child's return. Even assuming AAA initially agreed to accompany accused-appellant, such consent was obtained through deception and did not negate the subsequent illegal detention after accused-appellant repeatedly refused to bring her home. The Court also upheld AAA's credibility, reiterating that minor inconsistencies between her affidavit and testimony did not impair her reliability, especially since affidavits are generally incomplete. Finding no improper motive on the part of AAA or her parents, the Court accorded full faith and credit to her testimony and sustained the factual findings of both the RTC and the Court of Appeals.
Accordingly, the Supreme Court affirmed the penalty of reclusion perpetua imposed by the lower courts. It modified the civil awards by reducing the moral damages to ₱75,000 and ordering accused-appellant to pay ₱75,000 civil indemnity and ₱75,000 exemplary damages, all with 6% interest per annum from the finality of the decision until fully paid. The Court reiterated that the essence of kidnapping or serious illegal detention is the unlawful deprivation of liberty, and where the victim is a minor, the law affords the highest degree of protection regardless of the absence of physical restraint or the child's initial willingness to accompany the offender.
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