Case Summary (G.R. No. L-3273)
Facts of the Case
On April 18, 1904, a complaint was filed accusing Quirino and Vicente Peralta of committing the crime of kidnapping with injuries, specified under Article 484 of the Penal Code in conjunction with Article 587. The events in question occurred on November 1, 1903, when the Peraltas visited the home of Isabel Geranda in search of Esteban Gemefino. Unable to find Esteban, they assaulted Isabel and forcibly took her grandson, Cenon, tying him to a wooden pillar in their home as leverage to compel the Gemefino family to return Esteban.
Evidence Presented
The court established that the accused visited Isabel Geranda’s house to locate Esteban. When Isabel refused to hand over Cenon, the Peraltas allegedly used violence, resulting in injuries to Isabel, and forcibly removed the child. A young girl, Petronila Lagotar, witnessed the incident and was coerced into assisting the Peraltas in transporting Cenon. Eventually, Cenon was released from their custody by his brother Urbano. The accusations were formally addressed the following day when Juan Gemefino, Cenon’s father, reported the incident to the local justice of the peace.
Legal Classification of the Crime
The central legal issue revolved around the classification of the Peraltas' actions under the relevant Penal Code provisions. The complaint initially categorized their act as kidnapping under Article 484, which prescribes severe penalties for the abduction of children under the age of seven. However, the legal commentary on Article 484 indicated differing opinions regarding whether the facts presented constituted kidnapping or illegal detention. The commentators highlighted that abduction, particularly for ransom or immoral purposes, warranted harsh penalties.
Court's Findings and Legal Reasoning
The court recognized that, although the Peraltas’ intention was not to permanently deprive Cenon of his liberty, their actions constituted a wrongful exercise of control over the child to compel the Gemefino family to locate Esteban. As such, the court concluded that the p
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Case Background
- The case concerns a complaint filed on April 18, 1904, against Quirino Peralta and Vicente Peralta for the crime of kidnapping with minor injuries, as defined by the Philippine Penal Code.
- The complaint alleges that on November 1, 1903, the accused forcibly took a child named Cenon Gemefino from his grandmother, Isabel Geranda, while searching for Cenon's elder brother, Esteban Gemefino, who had run away.
- The accused used violence against Isabel Geranda, breaking one of her ribs, to seize the child.
- After taking Cenon to their home, they tied him to a wooden pillar and intended to hold him until Esteban returned.
Facts Established
- The accused went to Isabel Geranda's house looking for Esteban Gemefino.
- When unable to locate Esteban, they forcibly took Cenon from Isabel Geranda, who was holding him.
- They compelled a 15-year-old girl named Petronila Lagotar to carry the child to their residence.
- Cenon was tied up in the accused's house, and the girl Petronila eventually informed Juan Gemefino, Cenon's father, about the incident.
- The child was rescued later by police after Juan reported the matter to the justice of the peace.