Title
People vs. Dela Cruz y Nieva
Case
G.R. No. 120988
Decision Date
Aug 11, 1997
Accused led a 7-year-old from school, claiming to seek a dentist; intervention prevented full kidnapping. Convicted of attempted kidnapping, penalty reduced; moral damages denied.

Case Summary (G.R. No. 120988)

Charges and Legal Framework

The Information filed against de la Cruz stated that she willfully and unlawfully deprived Whiazel of her liberty without legal authority, constituting kidnapping under relevant Philippine laws, particularly the Revised Penal Code. The prosecution sought to establish guilt beyond reasonable doubt.

Prosecution's Evidence

Witness Cecilia Caparos observed de la Cruz holding Whiazel's hand and attempting to lead her away from the school. Suspecting misconduct, Caparos intervened and questioned de la Cruz’s intentions. Whiazel expressed a desire to return, but de la Cruz held her hand and refused to let her go, raising suspicions about the nature of her actions. Witness testimonies aimed to depict de la Cruz's actions as morally intimidating towards the minor.

Defense Testimonies

The defense presented testimonies indicating that de la Cruz intended to seek dental assistance for her daughter. Eufemia Magpantay, a guidance teacher, corroborated that non-students could consult the dentist at the school. De la Cruz claimed she merely asked for directions, asserting her innocence and the lack of force or intimidation towards the child.

Trial Court's Verdict

Despite the defense's arguments, the trial court convicted de la Cruz of kidnapping and serious illegal detention, finding her actions constituted a deprivation of liberty even without physical force. The court ruled that de la Cruz’s moral influence over Whiazel effectively restrained the child's freedom.

Appeal and Arguments

De la Cruz appealed the conviction, contending that Whiazel did not express fear or coercion and that her actions did not meet the legal threshold for kidnapping. The appeal emphasized Whiazel's statements indicating voluntary compliance and raised doubts regarding de la Cruz's intent.

Prosecution's Counterarguments

The People, through the Office of the Solicitor General, countered that a minor's inability to assert their will legally sufficed for establishing deprivation of liberty. They maintained that the combination of circumstances, including the child's young age and the unfamiliarity with de la Cruz, justified the conviction.

Judicial Analysis

The Supreme Court examined the nuances of intent and physical constraints in establishing kidnapping. The distinction between completed and attempted kidnapping was significant, as the Court acknowledged that de la Cruz had begun her actions but did not ultimately realize the crime.

Ruling on the Nature of the Crime

The Court concluded that while de la Cruz's actions exhibited less than noble intentions, the crime constituted attempted kidnapping rather than consummated kidnapping. The circumstances surrounding Whiazel’s compliance and the

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