Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Pastrana (G.R. No. 143644)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is Rubirosa
Pastrana. In the case at bar, the complainant Erma Postejo was then working as a domestic helper
in Canada. She has four children namely: Jenny; Doroteo; Aresolal and nine-year old Willy
Garpen, Jr., her son by a common-law-relationship. She was introduced to the accused as the
latter is said to be someone who can help process her son’s, Willy, documents to Canada. On
March 16, 1997, the accused fetched Willy and Aresola from Caloocan and brought them to her
apartment in Tondo. The following day, Aresola went home to attend her classes. And on that
same day, Erma called up accused-appellant who informed her that she was not able to bring
Willy to the hospital because she used the money to pay her personal obligations. Two days later,
Erma learned that Willy has been treated and was demanded by the accused of P4,000.00 for the
expenses. Erma, however, refused to transmit the amounts asked by accused-appellant and
ordered her to return Willy to Caloocan but the latter ignored her. Days later, it was found out
that the accused cannot be found in his apartment. Later on, the VACC rescued Willy in
Caloocan. The accused was charged with kidnapping and failure to return a minor, and was
found guilty of the same by the RTC

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, it is clear that
the accused was entrusted with the custody of the minor. Thinking that she can cure the said
minor. And with the acts of the accused of hiding the victim, by moving from another place is a
clear manifest of the second element.