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    Dela Cruz Case

    Uploaded by

    Brian Yui
    This case involves Rosemarie de la Cruz who was seen leading a young girl, Whiazel Soriano, out of her elementary school by the hand. When questioned, de la Cruz gave inconsistent reasons for taking the girl and the girl appeared scared. De la Cruz was charged with kidnapping and illegal detention. The court found that while de la Cruz began leading the girl away, she did not fully carry out the acts needed to constitute the crimes of kidnapping and detention. Therefore, de la Cruz' crimes were only attempted kidnapping and attempted illegal detention rather than the consummated crimes.

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    © All Rights Reserved
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    Dela Cruz Case

    Uploaded by

    Brian Yui
    66 views2 pages
    This case involves Rosemarie de la Cruz who was seen leading a young girl, Whiazel Soriano, out of her elementary school by the hand. When questioned, de la Cruz gave inconsistent reasons for taking the girl and the girl appeared scared. De la Cruz was charged with kidnapping and illegal detention. The court found that while de la Cruz began leading the girl away, she did not fully carry out the acts needed to constitute the crimes of kidnapping and detention. Therefore, de la Cruz' crimes were only attempted kidnapping and attempted illegal detention rather than the consummated crimes.

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    This case involves Rosemarie de la Cruz who was seen leading a young girl, Whiazel Soriano, out of her elementary school by the hand. When questioned, de la Cruz gave inconsistent reasons for taking the girl and the girl appeared scared. De la Cruz was charged with kidnapping and illegal detention. The court found that while de la Cruz began leading the girl away, she did not fully carry out the acts needed to constitute the crimes of kidnapping and detention. Therefore, de la Cruz' crimes were only attempted kidnapping and attempted illegal detention rather than the consummated crimes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views2 pages

    Dela Cruz Case

    Uploaded by

    Brian Yui
    This case involves Rosemarie de la Cruz who was seen leading a young girl, Whiazel Soriano, out of her elementary school by the hand. When questioned, de la Cruz gave inconsistent reasons for taking the girl and the girl appeared scared. De la Cruz was charged with kidnapping and illegal detention. The court found that while de la Cruz began leading the girl away, she did not fully carry out the acts needed to constitute the crimes of kidnapping and detention. Therefore, de la Cruz' crimes were only attempted kidnapping and attempted illegal detention rather than the consummated crimes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    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

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