G.R. No. 171219 - Palmiano-Salvador vs. Angeles

People of the Philippines as Plaintiff-Appellee and Rosemarie de la Cruz y Nieva as Accused-Appellant.
Information charged accused-appellant with kidnapping and serious illegal detention of one Whiazel Soriano, seven years of age, on or about September 27, 1994, in the City of Manila.
Case docketed as Criminal Case No. 94-139168 before the Regional Trial Court, National Capital Judicial Region, Branch 35, Manila.
Accused-appellant pleaded not guilty and proceeded to trial.

Cecilia Caparos, neighbor of the victim, testified she saw accused-appellant holding Whiazel by the hand and leading her out of the Aurora A. Quezon Elementary School compound at about 11:30 a.m.; she intervened, asked accused-appellant where she was taking the child, and was told accused-appellant sought Rowena Soriano, the child's mother.
Cecilia observed inconsistent answers from Whiazel, a terrified look on the child, and scratches on the child's face; Cecilia told accused-appellant she would bring her to a teacher and escorted them to school authorities.
Victim Whiazel Soriano, a Grade 1 pupil, testified she went with accused-appellant after being asked to help look for the school dentist; she said she was neither threatened nor hurt; she claimed they never left the school compound and that she asked to go to her neighbor but accused-appellant refused and held her hand; she cried only at the guidance counselor's office.

Eufemia Magpantay, guidance teacher, testified accused-appellant said she wanted the child's help to look for the school dentist; she stated persons not connected with the school are allowed to consult at the school clinic and that the school serves low to average income families.
Gorgonia Nieva, accused-appellant's mother-in-law, testified accused-appellant had earlier asked about Dr. Luisa Medina, a dentist who might be at the Aurora A. Quezon Elementary School; they went to Manila together the following day and parted at the school about 11:00 a.m.
Accused-appellant testified she asked a guard for directions to the clinic, that a girl walked with her at arms length but she did not hold the child or speak with her, and that upon being accosted by Cecilia Caparos she offered no resistance and accompanied school authorities; five policemen later brought her to Station No. 5, Western Police District.

Whether the prosecution established beyond reasonable doubt the elements of kidnapping and serious illegal detention of a minor as consummated offenses.
Whether accused-appellant's acts constituted an attempt only, rather than consummation, and the legal consequences of such a finding.
Whether the award of moral damages in the amount of P50,000 to the victim is support...(Subscriber-Only)