Facts:

The trial court convicted Aida Marquez, the beautician of complainant Carolina
Merano, of violating Art. 270 of the RPC after she borrowed Merano’s 3-month old
daughter, Justine and did not surrender her until Justine was 9 months old. The CA
likewise affirmed the conviction due to the presence of the elements of
constructive custody, and failure to return the minor child.

Issue:
Whether or not Marquez is guilty of violating Art. 270 of the RPC.

Ruling:
YES. The crime of kidnapping and failure to return a minor has two essential
elements: that the offender is entrusted with the custody of a minor person, and
that the offender deliberately fails to restore the minor to his parents or
guardians. In this case, the evidence of the prosecution heavily outweighs the
defense of denial of the accused. Hence, Marquez is guilty of the crime. Moral
damages are also due to Merano since the crime si analogous to illegal and
arbitrary detention or arrest.