Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Ty (G.R. No. 121519)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellants are
Vicente Ty and Carmen Ty. In the case at bar, on or about the month of April 1989, in Kalookan
City, the herein accused, being then the owners, proprietors, managers and administrators of Sir
John Clinic and have been entrusted with the custody of Arabella Somblong, a minor. They then
conspired together and with deliberate intent to deprive the parents of the child of her custody,
feloniously fail to restore the custody of said Arabella Sombong to her parents. What they did is
that they gave the said custody of subject minor to another person without the knowledge and
consent of her parents. The Regional Trial Court of Kaloocan finds them guilty of the crime of
kidnapping and failure to return a minor.

Issue: Is the appellant guilty of kidnapping and failure to return a minor.

Held: The Supreme Court said that there are two essential elements in order to find someone
liable for the crime of kidnapping and failure to return a minor under Art 270 of the RPC. These
are: (1) the offender is entrusted with the custody of a minor person; and (2) the offender
deliberately fails to restore the said minor to his parents or guardians. In this case, the accused
were entrusted with the custody of the minor for being doctor and has the ability to help the said
minor. And they then deliberately failed to return such minor.