Case Digest (G.R. No. 183591)
Facts:
In People of the Philippines vs. Aida Marquez (G.R. No. 181440, April 13, 2011), appellant Aida Marquez, also known as Aida Pulido, was charged on December 28, 1998 before the Regional Trial Court (RTC), Makati City, Branch 140, with Kidnapping and Failure to Return a Minor under Article 270 of the Revised Penal Code as amended by Republic Act No. 18. The complaint was filed by Carolina Cunanan y Merano, mother of three-month-old Justine Bernadette C. Merano, after Marquez, whom Merano had trusted with temporary custody of her baby on September 6, 1998, failed to return the child that afternoon. Despite repeated demands and phone calls—including a November 11, 1998 call in which Marquez claimed her own son’s hospitalization prevented return, and a February 11, 1999 call directing Merano to Modesto Castillo’s house in Quezon where the child allegedly had been “sold”—Merano’s efforts to retrieve Justine proved unsuccessful until the minor was turned over to the Department of SociaCase Digest (G.R. No. 183591)
Facts:
- Filing and Nature of the Case
- On December 28, 1998, Aida Marquez was charged under Article 270 of the Revised Penal Code, as amended by R.A. 18, with “Kidnapping and Failure to Return a Minor” for having, on September 6, 1998 in Makati City, willfully and unlawfully failed to restore three-month-old Justine Merano to her mother, Carolina C. Merano.
- Marquez pleaded not guilty on October 10, 2002 and underwent pre‐trial and trial proceedings before RTC Branch 140, Makati City.
- Prosecution’s Version
- Complainant Carolina Merano testified that she lent baby Justine to Marquez for shopping and return the same day; Marquez failed to bring back Justine by afternoon.
- Merano searched for her daughter—visiting Marquez’s employers, leaving notes, and seeking help from Mayor Alfredo Lim and San Pedro, Laguna police—without success until Marquez phoned on November 11, 1998, promising return in exchange for ₱50,000.
- On February 12, 1999, Merano and police officers went to Modesto Castillo’s house in Quezon where Castillo claimed Marquez had sold Justine to him for ₱60,000 and produced a “Kasunduan” dated May 17, 1998; the baby was later turned over to DSWD’s Reception and Study Center for Children.
- Defense’s Version
- Marquez testified that Merano voluntarily offered Justine for adoption to her friend Castillo on September 6, 1998; Marquez was unaware baby remained at her Laguna house or had been transferred to Castillo.
- She asserted her maid first received Justine, then Castillo fetched the baby without her consent; Marquez only learned of Merano’s police‐aided recovery effort in February 1999.
- SPO2 Fernandez corroborated an adoption agreement executed on February 12, 1999 between Merano and Castillo, witnessed by police officers including himself.
- Lower Court Decisions
- On January 21, 2004, the RTC found Marquez guilty beyond reasonable doubt, sentencing her to reclusion perpetua and awarding ₱50,000 moral damages and ₱20,000 exemplary damages.
- On August 29, 2007, the Court of Appeals affirmed with modification: kept ₱50,000 moral damages, added ₱20,000 nominal damages, and deleted exemplary damages.
Issues:
- Whether the prosecution proved beyond reasonable doubt that Marquez, entrusted with custody of Justine, deliberately failed to return the minor in violation of Article 270 RPC.
- Whether the trial courts erred in rejecting Marquez’s defense that Merano had voluntarily offered Justine for adoption and that Marquez merely facilitated the adoption.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)