CEBU, Philippines – The Supreme Court has affirmed the conviction of a woman from Barangay Apas, Cebu City for kidnapping a one-month-old baby.
In a decision penned by Associate Justice Jose Portugal Perez, the SC found no grounds to reverse the ruling of the lower courts finding Miraflor Lerio guilty beyond reasonable doubt of the crime.
“The prosecution has ade-quately and satisfactorily proven that accused-appellant (Lerio) is a private individual; that accused-appellant took one-month old baby Justin Clyde from his residence, without the knowledge or consent of, and against the will of his mother,” read the decision.
Lerio was sentenced to suffer 20 to 40 years of imprisonment and to pay P50,000 as civil indemnity; P50,000 as moral damages; and P30,000 as exemplary damages.
Lerio, together with co-accused Relly Arellano, were charged with kidnapping of a minor before the court for allegedly conspiring with each other in kidnapping baby boy Justin Clyde Anniban on September 10, 2005.
On September 19 that same year, Aileen, the baby’s mother, however, filed an affidavit of desistance in favor of Arellano declaring the latter was innocent of the crime, prompting the court to drop Arellano from the case.
Aileen in her testimonies alleged that she was at the kitchen early morning on September 10, 2005 preparing milk for her baby when their neighbor Lerio entered their house and began chatting with her.
Lerio then told her that she would take the baby outside, to which Aileen refused because the child had not yet been bathed.
Few minutes later, Aileen realized Lerio and her baby were no longer in the house. She was then told by a neighbor that the suspect was seen carrying her son going to Toledo City.
She went to the South Bus Terminal where she was told by a dispatcher that Lerio was fetched by a tattooed man on board a taxicab and both headed for the pier.
Together with Maritime Police, Aileen saw Arellano rocking her child in a cradle inside the ship. She took her child but Arellano refused.
The police then arrested Arellano and Lerio.
Lerio alleged she took the baby and proceeded to the pier because she got a call from her boyfriend requesting her to meet on a vessel.
She disclosed that she conceived around the same time with Aileen but her child died during labor. She claimed that she did not reveal it to her boyfriend and the latter’s mother fearing their condemnation.
But the SC found no reason to reverse the findings of the Regional Trial Court as affirmed by the Court of Appeals since the prosecution was able to establish the elements of the crime. — Mylen P. Manto/NSA (FREEMAN)