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Valenton, Francis Angelo T.

Criminal Law 2


People vs. Mendoza (G.R. No. L-67610)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellants is

Angelina Mendoza. In the case at bar, on or about September 28, 1982, at the Luneta Park near
the Rizal Monument in the City of Manila, there herein accused introduced herself as Rosalinda
Quintos accosted spouses Policarpio and their two minor children. Later on the appellant kidnap
and carry away Edward Policarpio, a one year and three months old baby boy of the spouses. She
then brought the said child to Tramo Street, Pasay city and fraudulently saying that the child was
of her friend who is a leper and thus selling such child for an amount of P250.00. Thus
separating him from his mother, Mrs. Eugenia POLICARPIO, and deliberately failing to return
him to said Eugenia T. Policarpio, his mother . Threatening to arrest the accused, she revealed
that she had left the boy with Mrs. Navarette in Pasay City. That led to the recovery of Edward
Policarpio and his eventual return to his parents 20 days after the accused took him away.

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

Held: The Supreme Court said that the appellant is not guilty of the crime of kidnapping and
failure to return a minor. However, more serious crime was deemed committed by the accused.
The crime committed was kidnapping and Serious Illegal Detention under par. 4 of Article 267
of the Revised Penal Code. The paragraph four contemplates the kidnapping of a minor.