11. People vs. Marquez, 648 SCRA 694, G.R. No.

181440, April 13, 2011

Failure to Return a Minor ; Art 270
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AIDA MARQUEZ, accused-appellant.
April 13, 2011 G.R. Nos. 108280-83 LEONARDO-DE CASTRO
Recit Ready Synopsis
The accused Marquez was charged of the crime of Kidnapping and failure to return a minor after he
failed to return the then 3 month old daughter of Merano. To his defense, he has the intention to return
the child but this is immaterial for the crime. He is punished because he deliberately fails to return the
child to her parents.

The issue resolved here is whether the accused is guilty of Kidnapping and failure to return a minor?
YES

Yes. The Court, in elucidating on the elements of Article 270, stated that while one of the
essential elements of this crime is that the offender was (1) entrusted with the custody of the
minor, what is actually being punished is not the kidnapping but the (2) deliberate failure of
that person to restore the minor to his parents or guardians. Here, Marquez was the one
entrusted with the custody of the minor so the first element is satisfied. Marquez failed to return the child
even it was demanded to do so by the mother of the child so the second element is satisfied as well.
Hence, Marquez is guilty of kidnapping and failure to return a minor.

Provisions/Concepts/Doctrines and How Applied to the Case

Art. 270. Kidnapping and failure to return a minor.
The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with
the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.
25 This crime has two essential elements:
1. The offender is entrusted with the custody of a minor person; and
2. The offender deliberately fails to restore the said minor to his parents or guardians
FACTS
On September 6, 1988, Marquez barrowed Merano’s three-month old daughter to buy her daughter
some clothes, milk , and food. Merano agreed because it is not unusual for Marquez to bring some
things for her daughter. But, Marquez failed to return her daughter. She exhaust all her efforts but it
was unsuccessful.

On November 11,1998, she received a call from Marquez. Marquez failed to return her daughter
because her own son was sick and was confined at the hospital. Marquez allegedly asked Merano for
50,000 for the expenses incurred while her daughter was with her. But the return of her daughter did
not happen.

On November 17, 1998, Merano filed a complaint against Marquez and on February 11, 1999, Marquez
allegedly called Merano up again to tell her to pick up her daughter at Modesto Castillo's (Castillo)
house in Tiaong, Quezon. Merano claimed that Castillo told her that Marquez sold Justine to
him and his wife and that they gave Marquez Sixty Thousand Pesos (P60,000.00) supposedly
for Merano who was asking for money. Castillo even gave Merano a photocopy of the
handwritten "Kasunduan" dated May 17, 1998, wherein Merano purportedly gave Justine to the
Castillo spouses.

Marquez denied the allegations. Marquez alleged that Merano offered her daughter for adoption but
Marquez was not interested so she refer Merano to her friend Castillo.

The RTC found Marquez guilty beyond reasonable doubt of kidnapping and failure to return a minor.
The CA affirmed with modification. Hence, this petition.

ISSUE/S (relevant to the syllabus)

Whether the accused is guilty of Kidnapping and failure to return a minor? – YES
RULING (include how the law was applied)
Yes. The Court, in elucidating on the elements of Article 270, stated that while one of the
essential elements of this crime is that the offender was (1) entrusted with the custody of the
minor, what is actually being punished is not the kidnapping but the (2) deliberate failure of
that person to restore the minor to his parents or guardians. Here, Marquez was the one
entrusted with the custody of the minor so the first element is satisfied. Marquez failed to return the child
even it was demanded to do so by the mother of the child so the second element is satisfied as well.
Hence, Marquez is guilty of kidnapping and failure to return a minor.
DISPOSITIVE
WHEREFORE, the Decision of the Court of Appeals dated August 29, 2007 in CA-G.R. CR.
HC No. 00467 finding Aida Marquez GUILTY beyond reasonable doubt of the crime of
KIDNAPPING AND FAILURE TO RETURN A MINOR under Article 270 of the Revised Penal Code is
hereby AFFIRMED. No Costs. SO ORDERED. Corona, C.J., Velasco, Jr., Del Castillo and Perez, JJ.,
concur.