Dela Cruz case

G.R. No. 120988 August 11, 1997

Lessons Applicable: consummated crime

FACTS:
• September 27, 1994 11:30 am, Cecilia Caparos, a neighbor of Whiazel Soriano, waiting for her
two children inside the compound of the Aurora A. Quezon Elementary School when she saw
Whiazel held on the hand and being led away by Rosemarie de la Cruz. Knowing that Whiazel was
enrolled in the afternoon class, she went after them and asked de la Cruz where she was going with
Whiazel. De la Cruz answred that she was asked by Rowena Soriano, Whiazel’s mother, to bring
Whiazel to her. Then, Caparos asked Whiazel the same question, Whiazel said to look for De la
Cruz’ child. During this time, Whiazel told De la Cruz that she wanted to go. But De la Cruz refused
and held her hand. The inconsistent answer, scratches on Whiazel’s face and terrified look made
her suspicious so she told De la Cruz to bring Whiazel to the teacher was surprised and reasoned
out but soon agreed. When they arrived, Whiazel cried.
• When Eufemia Magpantay, guidance teacher, asked De la Cruz what she was doing with
Whiazel, De la Cruz told her she was looking for the school dentist. This was also her answer when
they went to the principal.
• Gorgonia Nieva, De la Cruz’ mother-in-law: on the day prior to the incident, De la Cruz’ asked her
to look for Dr. Luisa Medina, a dentist because her daughter was sick. Since Nieva heard that Dr.
Luisa Medina may be found at the Aurora A. Quezon Elementary School, she accompanied De la
Cruz there at around 11:00 am.
• De la Cruz: she asked; guard where the clinic was. The guard gave her directions, and told her to
pass through the same gate on her way out. When she got to the clinic, no one was there so she
left. On her way out, she saw Whiazel and who walked with her. She did not hold, look or even
smile at the child. But, before she could get out she was seen by Caparos.
• RTC: kidnapping and serious illegal detention of a minor

ISSUE: W/N there is a consummate crime.

HELD:
NO. MODIFIED attempted kidnapping and serious illegal detention
• the felony committed is kidnapping and serious illegal detention of a minor in the attempted stage
only
• The attempted phase of a felony is defined as when the offender commences the commission of
a felony, directly by overt acts, and does not perform all the acts of execution which should produce
the felony by reason of some cause or accident other than his own spontaneous desistance (Article
6, Revised Penal Code).
• The overt act must be an external one which has direct connection with the felony, it being
"necessary to prove that said beginning of execution, if carried to its complete termination following
its natural course without being frustrated by external obstacles nor by the voluntary desistance of
the offender, will logically and necessarily ripen to a concrete offense"
• already commenced her criminal scheme by taking hold of Whiazel by the hand and leading her
out of the school premises