Unnatural reactions

Kidnapping or serious illegal detention which is now very much in the news requires as an essential element the fact of detention, or that the victim has been restrained of his/her liberty. If such fact is not proven then there is no kidnapping or serious illegal detention. This is illustrated in this case of Ana and Lina.

Ana and Lina, 10 and 7 years old, were the daughters of the estranged couple Cardo and Maring living in a Visayan island province. One morning, when Maring went to Manila, Cardo sent Ana and Lina on an errand to buy rice in the neighboring town which is the capital of the province.

Upon arriving at the poblacion of the capital town at about 9 a.m., the sisters went to the pier supposedly to wait for their mother whom they thought was arriving from Manila. When their mother did not arrive by 12 noon, Ana and Lina went to a theater in the poblacion to look at some pictures on display.

Then at about 2 p.m. they proceeded to a store across the theater being tended by its owner Caring who also resided there. Upon noticing the two children, Caring called them over and inquired on the whereabouts of their parents. The sisters told her that the parents are separated and their mother is in Manila.

Caring then gave the sisters some food since they appeared not having eaten lunch yet. Then she offered shelter to them and allowed them to take a bath. It so happened that Caring’s sister from Cebu was visiting her and asked Ana if she could take the younger Lina to Cebu with her. Ana agreed on the condition that she and Lina could meet every week.   

Ana stayed in Caring’s house doing household chores such as cleaning the kitchen, scrubbing the floor washing the plates, going to market to buy household needs. Sometimes Caring would also asked Ana to remove lice from her head and to fan her.

After about two weeks later Cardo was able to locate Ana at Caring’s store. When Ana saw her father she did not shout for help or run to him and clung to him but just quietly observed him and Caring talk for about half an hour. Then, when her father was about to leave Ana did not ask for help from her father or go with him.

The following day, Cardo came back accompanied this time by a PNP Sgt. armed with an Armalite. After the PNP officer identified himself, he told Caring that he was taking Ana with him. Without resistance but uttering slanderous remarks, Caring released Ana to the Sgt who brought her to the Headquarters where Cardo was waiting.

Later on Caring was charged with the crime of willfully, unlawfully and feloniously kidnapping the minors Ana and Lina; separating them from their parents with Ana being detained by Caring for 20 days while Lina was detained and brought to Cebu City by Caring’s sister.

On the basis of the uncorroborated testimony of Ana, Caring was found guilty of kidnapping or serious illegal detention by the Regional Trial Court (RTC). Basically, Ana told the court that while they were in front of the theater, Caring called them in a loud voice and asked them to go inside her house. Then after a brief conversation Caring gave her and Lina rice and kangkong for lunch. After lunch, Caring asked her to take a bath and gave her a dress to wear. From then on and for two weeks she was detained by Caring doing household chores and attending to Caring’s personal needs, while her sister Lina was brought by Carmen’s sister to Cebu. She said she tried to escape three times, but was unsuccessful. Was the RTC correct?

No. There is no kidnapping in this case. The two minors voluntarily entered Caring’s residence through the front entrance. The fact of detention which is an essential element in the crime charged was not clearly established. There was no showing that there was actual confinement or restriction of the offended parties. Caring’s residence has a store fronting the street where many customers come and go. The place is busy with a moviehouse in front. There is no indication that Ana was locked up, physically restrained of her liberty or unable to communicate with anyone.

The actuations of Ana are not the natural reactions of a ten year old child who has been detained against her will for two weeks and who tried unsuccessfully to escape three times. The fact that her father was already there was the perfect opportunity for Ana to get away. She could have clung to her father from the moment he came in instead of quietly observing him and Caring talk for quite some time. For one who has been detained against her will, Ana would have disregarded Caring’s order not to go and would have run to her father. Neither is it believable that a father who has been desperately looking for his two minor daughters for two weeks would just calmly accept Caring’s refusal to let go of his daughter (People vs. Lim, G.R. 86454, October 18, 1990, 190 SCRA, 706).