Case Digest: People vs. Astorga

G.R. No. 110097; December 22, 1997

FACTS:

 Appellant Arnulfo Astorga appealed the court’s decision on Criminal Case No. 8243 wherein appellant was charged with violation of Article 267, paragraph 4 of the Revised Penal Code or the kidnap and detention of a minor.

Astorga insisted that the inconsistencies and the contradictions of the prosecution’s witnesses should be deemed incredible and that the delay in the filing of the accusation weakened the case. Furthermore, Astorga claimed that he had no motive to kidnap the 8-year-old Yvonne Traya which should’ve been apparent and proven upon conviction. Ultimately, Astorga claimed that the court erred in convicting him despite the fact that he had not detained nor locked Yvonne up which is an important element in kidnapping.

ISSUES:

1.) Whether or not the prosecution’s witnesses were credible.

2.) Whether or not the lack of motive by the appellant is significant in the court’s decision.

3.) Whether or not it was kidnapping or coercion.

RULING:

1.)    The delay in the making of the criminal accusation does not necessarily weaken the credibility of the witnesses especially if it had been satisfactorily explained. In the case, one week was reasonable since the victim was a resident in Binaungan and that the case was filed in Tagum, Davao.

2.)    The court found it irrelevant to identify the motive since motive is not an element of the crime. Motive is totally irrelevant when ample direct evidence sustains the culpability of the accused beyond reasonable doubt. Besides, the appellant himself admitted having taken Yvonne to Maco Central Elementary School.

3.)    The court agreed with the appellant’s contention. The evidence does not show that appellant wanted to detain Yvonne; much less, that he actually detained her. Appellant’s forcible dragging of Yvonne to a place only he knew cannot be said to be an actual confinement or restriction on the person of Yvonne. There was no “lock up”. Accordingly, appellant cannot be convicted of kidnapping under Article 267 of the Revised Penal Code. Rather, the felony committed was grave coercion under Article 286 of the same code.

Categories: case digest, CRIMINAL LAW, G.R. No. 110097, PEOPLE VS. ASTORGA