Case Digest (G.R. No. 208441)
Facts:
- Zenaida Fabro, also known as Zenaida Manalastas y Viaegas, was accused of Serious Illegal Detention under Article 267 of the Revised Penal Code.
- The incident occurred on March 2, 2006, in YYY, Philippines.
- The victim, a nine-year-old girl referred to as AAA, was taken from her Grade IV class at XXX Elementary School by her aunt, the accused.
- The teacher allowed the accused to take AAA, believing she was going home.
- Instead of returning AAA, the accused took her to Nueva Ecija and kept her in her brother's house from March 2 to March 5, 2006, against AAA's will.
- AAA pleaded to return home, and her parents contacted the accused, requesting their daughter's return.
- The police were notified, and AAA was rescued on March 5, 2006.
- The Regional Trial Court (RTC) found the accused guilty based on testimonies from AAA and a police officer, while the accused claimed she had consent from AAA's mother and teacher.
- The RTC sentenced the accused to reclusion perpetua and ordered her to pay moral damages to AAA's father.
- The Court of Appeals (CA) affirmed the RTC's ruling.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the CA's decision, upholding the RTC's conviction of Zenaida Fabro for Serious Illegal Detention.
- The Court found that the prosecution established the elements of the crime beyond reasonable doubt, including the intent to detain AAA and the deprivation of her li...(Unlock)
Ratio:
- The Supreme Court outlined the elements of Serious Illegal Detention under Article 267 of the Revised Penal Code, which include the offender being a private individual, the act of kidnapping or detaining another, the illegality of the detention, and specific circumstances such as the victim being a minor.
- The Court noted that the accused unlawfully took AAA from her school and kept her in Nueva Ecija for four days, during which AAA was deprived of her liberty.
- The absence of physical restraint does not negate illegal detention, as AAA's age and unfamiliarity with the area prev...continue reading
Case Digest (G.R. No. 208441)
Facts:
The case involves Zenaida Fabro, also known as Zenaida Manalastas y Viaegas, who was accused of Serious Illegal Detention under Article 267 of the Revised Penal Code. The events transpired on March 2, 2006, in the municipality of YYY, Philippines. On that day, the nine-year-old victim, referred to as AAA, was attending her Grade IV class at XXX Elementary School when the accused, who was AAA's aunt and lived nearby, arrived to fetch her. The teacher permitted the accused to take AAA, believing she was going home. However, instead of returning AAA to her residence, the accused took her to Nueva Ecija, where she kept AAA in her brother's house from March 2 to March 5, 2006, against the child's will. During this period, AAA pleaded to be allowed to return home, and her parents, upon learning of the situation, contacted the accused via cellphone, requesting the return of their daughter. The police were alerted and, on March 5, 2006, they rescued AAA from the accused's brother's house.
In the Regional Trial Court (RTC), the prosecution presented testimonies from AAA and a police officer, SPO1 Elmer Guevarra, who received the report of the abduction. The accused was the sole witness for the defense, claiming that she had the consent of AAA's mother and teacher to take AAA with her. The RTC found the accused guilty of Serious Illegal Detention and sentenced her to reclusion perpetua, along with an order to pay moral damages to AAA's father. The accused appealed the decision to the Court of Appeals (CA), wh...