Case Digest (G.R. No. 152285)
Facts:
People of the Philippines v. Jose Obeso, G.R. No. 152285, October 24, 2003, Supreme Court Third Division, Panganiban, J., writing for the Court. The respondent-appellee is the People of the Philippines; the appellant is Jose Obeso, charged with kidnapping and serious illegal detention under Article 267 of the Revised Penal Code. The case arose from Criminal Case No. CBU-49812 before the Regional Trial Court (RTC) of Cebu City, Branch 18, which rendered a decision on June 19, 2001 convicting Obeso and sentencing him to reclusion perpetua.On February 23, 1999 an Information charged Obeso with forcibly kidnapping and detaining a three‑year‑old girl, Lilibeth Cabriana, on December 9, 1998 at Sitio Ilang‑Ilang, Barangay Lagtang, Talisay, Cebu. During arraignment on April 12, 1999 Obeso pleaded not guilty. After pretrial and trial, the RTC found that the prosecution had proven beyond reasonable doubt that Obeso illegally kidnapped and detained the minor and imposed reclusion perpetua, ordered payment of P50,000 in damages, and costs.
The prosecution’s evidence included testimony from the victim’s mother, Elizabeth Cabriana, the barangay tanod Gemelito Abendan, and the child Lilibeth (by demonstration). Their account was that Elizabeth left the child with a neighbor while caroling; later the neighbor reported that Obeso had taken the child; Abendan found Obeso with the child near a hilly/reservoir area, took custody of Lilibeth and brought Obeso to the police. The child, when asked, indicated the appellant and gestured toward her private parts in response to questions. The prosecution argued that finding the child with Obeso in the mountainous/reservoir area established deprivation of liberty.
Obeso’s defense was that he simply guided the crying child away from passing traffic and briefly held her (about five to ten minutes) until a barangay tanod arrived; he denied any intent to detain or deprive parental custody. The barangay tanod’s testimony was equivocal: he recovered the child from Obeso and said Obeso told him the child wanted to go “up there,” but Abendan disclaimed personal knowledge of the actual circumstances of the alleged taking and could not say whether the child was harmed.
The RTC credited the prosecution and convicted. The Public Attorney’s Office...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that Jose Obeso committed kidnapping and serious illegal detention under Article 267 of the Revised Penal...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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