Kidnapping a minor - G.R. No. 186123

G.R. No. 186123

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Our Ruling

We affirm the appellant’s conviction.

We find no reason to reverse the factual findings of the RTC, as affirmed by the CA. The prosecution has established the elements of kidnapping under Article 267, paragraph 4 of the Revised Penal Code, to wit: (1) the offender is a private individual; (2) he kidnaps or detains another, or in any other manner deprives the latter of his or her liberty; (3) the act of detention or kidnapping is illegal; and (4) the person kidnapped or detained is a minor, female or a public officer.

The prosecution has adequately and satisfactorily proved that the appellant is a private individual; that the appellant took Regelyn from Pier 14 to Pier 16, without the knowledge or consent of Regelyn’s parents; and that the appellant admitted Regelyn’s minority and even referred to her as a “child.”[6]

The prescribed penalty for kidnapping a minor under Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659, is reclusion perpetua to death. Since neither aggravating nor mitigating circumstances attended the commission of the felony, the lower courts properly imposed the penalty of reclusion perpetua.

While we affirm the CA’s factual findings and the imprisonment imposed, we find it necessary to award the victim P50,000.00 as civil indemnity and P50,000.00 as moral damages, in line with prevailing jurisprudence.[7] We also award the victim P30,000.00 as exemplary damages to set an example for the public good.[8] 
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