Back

PEOPLE vs Arnulfo Astorga

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARNULFO ASTORGA, accused-appellant.

G.R. No. 110097 | 1997-12-22

D E C I S I O N

PANGANIBAN, J:

Actual detention or "locking up" is the primary element of kidnapping. If the evidence does not adequately prove this element, the accused cannot be held liable for kidnapping. In the present case, the prosecution merely proved that appellant forcibly dragged the victim toward a place only he knew. There being no actual detention or confinement, the appellant may be convicted only of grave coercion.

The Case

The foregoing principle is used by this Court in resolving the appeal of Arnulfo Astorga challenging the March 31, 1993 Decision 1 of the Regional Trial Court of Tagum, Davao convicting him of...