G.R. No. 119694 - Philippine Press Institute, Inc. vs. Commission on Elections

On or about September 27, 1994, in Manila, accused-appellant Rosemarie de la Cruz was observed at the Aurora A. Quezon Elementary School.
The incident involved her holding the hand of a seven-year-old girl, Whiazel Soriano, and leading her away from the school premises.
The Information charged that, without legal authority, the accused-appellant wilfully, unlawfully, and feloniously kidnapped and detained the minor against her will.

Cecilia Caparos, a neighbor, testified that while waiting at the school compound, she saw Whiazel being led away by the accused-appellant.

Caparos questioned the accused-appellant about her destination with the child when Whiazel expressed a wish to go to a neighbor’s house.
The respondent’s hesitant and evasive answers, combined with the victim’s frightened demeanor and physical signs (scratches), raised suspicions of wrongful conduct.

The victim, Whiazel Soriano, testified that she initially accompanied the accused-appellant voluntarily when asked to help find a school dentist.

Whiazel stated that no force or overt threat was used against her during the incident.
At one point, when she expressed the desire to go to her neighbor, the accused-appellant refused and continued to hold her hand.

Guidance teacher Eufemia Magpantay confirmed that on the day of the incident, the accused-appellant, the victim, and other school personnel were together in the school’s guidance office, relating to the search for a dentist.
Accused-appellant’s mother-in-law, Gorgonia Nieva, testified that the accused had previously requested assistance in finding Dr. Luisa Medina, suggesting a pretext for her presence at the school.

Accused-appellant entered a plea of not guilty at trial conducted by the Regional Trial Court of the National Capital Judicial Region, Branch 35, Manila.
The trial court, relying on the testimonies of prosecution witnesses, found that the accused-appellant’s act of holding the child’s hand and refusing to let her go constituted kidnapping and serious illegal detention, leading to a conviction beyond reasonable doubt.
The trial court imposed reclusion perpetua and awarded moral damages of P50,000 to the victim, as determined by the evidence of moral suffering.

The accused-appellant contended that her actions did not amount to kidnapping as the victim voluntarily accompanied her initially.
It was argued that her presence at the school was justified by the need to search for the dentist, supported by the attendance of other witnesses confirming the school’s clinic practice.
The defense claimed that the inconsistencies in the victim’s testimony and the absence of overt coercion should raise reasonable doubt about her guilt.

The People, represented by the Office of the Solicitor General, maintained that by preventing the minor from exercising her freedom—even for a brief moment—the accused deprived the child of her liberty.
Emphasized that the victim, given her tender age, was susceptible to moral intimidation even in the absence of physical force, thus constituting the crime of kidnapping.

Whether the evidentiary record establishes beyond reasonable doubt that the accused-appellant committed the crime of kidnapping and serious illegal detention of a minor.

Specifically, whether the act of holding the child's hand and preventing her from going to her neighbor’s house qualifies as a consummated act of kidnapping.
The issue of whether the purported absence of overt physical force or threats negates the deprivation of liberty.

Whether the crime should be classified as consummated or merely attempted, in view of the victim’s initial voluntary compliance and the brief duration of the act.

Consideration of whether the victim’s eventual movement and lack of overt distress (except crying at the guidance counselor’s office) constitute full deprivation of liberty.

The propriety of the award for moral damages, particularly given the limited evidence of actual psychological injury or moral suffering beyond transient emotional distress.