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Serious Illegal Detention Case Summary

(1) Appellant Zenaida Fabro was charged with kidnapping and illegally detaining a 9-year old girl named AAA after taking her from school and keeping her for four days in Nueva Ecija. (2) Fabro claimed AAA came willingly and at the request of AAA's mother and teacher, but the court found the elements of kidnapping and illegal detention were met since AAA's liberty was curtailed. (3) The court ruled that physical restraint is not required for kidnapping - depriving a child of the ability to find their way home itself amounts to loss of liberty.

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148 views1 page

Serious Illegal Detention Case Summary

(1) Appellant Zenaida Fabro was charged with kidnapping and illegally detaining a 9-year old girl named AAA after taking her from school and keeping her for four days in Nueva Ecija. (2) Fabro claimed AAA came willingly and at the request of AAA's mother and teacher, but the court found the elements of kidnapping and illegal detention were met since AAA's liberty was curtailed. (3) The court ruled that physical restraint is not required for kidnapping - depriving a child of the ability to find their way home itself amounts to loss of liberty.

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Stephanie Pitpit
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© © All Rights Reserved
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PEOPLE OF THE PHILIPPINES vs.

ZENAIDO FABRO
G.R. No. 208441, July 17, 2017 

Facts: In an Information, appellant was charged with Serious Illegal Detention under Article 267
of the RPC, in relation to Republic Act No. 7610, alleging that  accused, ZENAIDA FABRO
feloniously and by force take AAA 9 years old, minor, while the latter is in front of the school
whom the said accused detained and kept in the house of Brgy. Capt. Fabro, brother of the
accused for a period of four days under restraint and against her will.
Denying the charge, appellant claimed that she brought AAA to Nueva Ecija with the consent of
AAA's mother and teacher. She explained that she had intended to bring AAA along to the
Barangay Captain to prove that her husband had taken her luggage and some documents,
given that AAA used to clean their room. The Barangay Captain was not around so they
proceeded to Nueva Ecija after AAA requested to join her. After two days in Nueva Ecija, she
brought AAA to her brother's house where she was arrested.
Issue: Whether appellant is liable for Kidnapping and Serious Illegal Detention.
Ruling: Yes. The elements of Kidnapping and Serious Illegal Detention under Article 267 of the
Revised Penal Code, as amended, are: (1) the offender is a private individual; (2) he kidnaps or
detains another or in any other manner deprives the latter of his liberty; (3) the act of detention
or kidnapping must be illegal; and (4) in this case, the person kidnapped or detained is a minor,
female, or a public officer. If the victim of kidnapping and serious illegal detention is a minor, the
duration of his detention is immaterial.
There is no dispute that accused-appellant is a private individual and that she took AAA from
her school on March 2, 2006, brought her to Nueva Ecija and kept her there until she was
arrested on March 5, 2006. Leaving a child in a place from which he did not know the way
home, even if he had the freedom to roam around the place of detention, would still amount to
deprivation of liberty. Under such a situation, the child's freedom remains at the mercy and
control of the abductor.
Ratio Decidendi: The curtailment of the victim's liberty need not involve any physical restraint
upon the victim's person.15 For kidnapping to exist, it is not necessary that the offender kept the
victim in an enclosure or treated him harshly.
Gist: This is an appeal from the Decision of  the CA, affirming in toto the Decision of the RTC,
which found accused-appellant Zenaida Fabro guilty of Serious Illegal Detention.

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