PP V DEL SOCORRO (182 SCRA 359)

Four-year old Claire Sanchez went missing during lunchtime while playing with other children outside
their home in Kalentong Street, Mandaluyong. Her mother, Evelyn, inquired from her playmates
whosaid they last saw Claire forcibly carried by a woman, whom they thought to be her aunt, against her
will and despite her resistance. The two boarded a jeepney and left the place. Several days later, the
distraught mother was informed that a doctor from Angono, Rizal, bought a child who fitted the
description of her daughter. Together with police,she forthwith went to see Dr. Villamayor who told
them that she had given the child to her aunt. The child was brought to the municipal building where
she was reunited with her mother. The accused, identified as Letecia Del Socorro, sold and committed
Claire to Dr. Villamayor for a sum of P700 to enable her to open a sari-sari store business but Dr.
Villamayor only paid her P400 and assured her to pay the balance upon her return. When accused
returned, Dr. Villamayor pointed her out to the policemen who there and then arrested and investigated
her. Whether or not accused is guilty of kidnapping. The claim of the defendant-appellant that the child,
Claire Sanchez, went voluntarily with her, cannot be given credence. Evelyn Sanchez, the mother of the
child, Claire, declared that when she asked her daughter upon their reunion if she went voluntarily with
the defendant-appellant, the child answered that she did not. Evelyn further declared that when she
asked the children in the neighborhood, with whom her daughter was playing, if Claire had resisted, the
children answered that Claire had resisted, so that the accused had to carry her to the jeep. Besides, the
defendant-appellant herself testified that when she picked up the child in Mandaluyong, her only
thought was to bring the child to Dr. Villamayor in Angono, Rizal. She did not bring the child to her
(defendant's) own home in Muzon, Taytay, Rizal even if this place is nearer than Angono, because,
according to the defendant, she already has many children of her own and they have no food to eat. 8
But if she really pitied the child whom she described as crying on the sidewalk, why, it can be asked, did
she not bring her to the nearest police station in Mandaluyong And, why did she think only of Dr.
Villamayor who, according to her, she did not even know personally, but only in name? Aida Villanueva
and her younger sister Avelyn, were on an errand to buy rice in neighboring Masbate. They went to the
pier and stayed there to meet their mother whom they thought would arrive by boat from Manila. After
seeing a movie at a theater, accused called out to the girls and invited them to her home across the
theater. Accused provided them with food and clothing. Avelyn was brought to Cebu by accused’s sister.
For days, Aida stayed in accused’s home doing household chores for the latter. The minors’ father
Charlito went with a PC sergeant to accused’s home and after the latter identified himself, accused
released Aida to him. Whether or not Aida was detained by the accused. In the case at bar, after a
careful review of the evidence adduced by the prosecution, the same are insufficient to sustain a
conviction. The uncorroborated testimony of the alleged kidnapped victim, Aida Villanueva, which was
mainly relied upon by the trial court in convicting the appellant, was not clear and convincing enough to
overcome the constitutional presumption of innocence. There is no kidnapping in this case. The two
minors voluntarily entered the appellant'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 person of the offended party. The appellant's
residence has a store fronting the street where many customers presumably come and go. The place is
busy with a movie house in front. There is no indication that Aida was locked up, physically restrained of
her liberty or unable to communicate with anyone.