CRIMINAL LAW II

TOPIC Crimes against liberty / Illegal detention / Kidnapping and Serious AUTHOR BALOLONG
Illegal Detention

CASE TITLE People v. Mercado GR NO L-65152

TICKLER Pinoint yung knife a breast DATE 30 August 1984

DOCTRINE When the victim is actually restrained or deprived of her freedom, that makes proper the prosecution
of the accused under Article 267.

FACTS Federico or Alberto Mercado was the boyfriend of Susan Baylon, the younger sister of the
complainant, Yvonne Baylon. Susan left the family residence on September 1, 1979 and Mercado
suspected that it was Yvonne who instigated her to leave.

The next day, Mercado came from behind Yvonne while she was walking on a road and grabbed her
by the neck while pointing a knife on her throat. He dragged her to the house of his friend and
demand her to produce her sister. The brothers of Yvonne and some neighbors arrived asking
Mercado to release Yvonne, but instead of doing so, Mercado raised the blouse of Yvonne and
inserted his hand underneath it and pointed the knife on her breast. Thereafter, Mercado dragged
Yvonne to a store where the Chief of Police and some policemen talked to him. Mercado demand
from the police that he wanted to see Susan and that he be given transportation and money. The
barangay captain arrived, and he was able to take hold of Mercado and subdue him.

Yvonne, because of traumatic experience, lost consciousness and was brought to the hospital. Her
fingers suffered injuries, abrasion on her neck, and a small wound on her stomach.

Mercado averred that Susan was his wife; that although they were not legally married, they had
been living together for some time in their family house. He also alleged that it was Yvonne who first
attempted to stab him, only he was able to stop her and grab the knife from her.

ISSUE/S Whether or not Mercado should be convicted of kidnapping and serious illegal detention.

RULING/S Yes.

While the defense argued that Mercado should be convicted of grave coercion only since his
purpose was to force Yvonne to produce Susan, the Court believes this was without merit.
Following the Ablaza case, “the victim was actually restrained or deprived of her freedom, and that
makes proper the prosecution of the accused under Article 267.”

NOTES SUMMARY!

Federico or Alberto Mercado surprised complainant Yvonne Baylon in the morning of September 2,
1979 and held her in a store for almost 5 hours, demanding that Yvonne produce her younger sister
Susan, which is the appellant’s common-law wife. Susan left home for an unknown place that day
before.

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Appellant contends that he should only be liable of grave coercion since his purpose was to force
Yvonne to produce Susan. However, the Court ruled that appellant is guilty of kidnapping and serious
illegal detention since all the elements of the crime described in Article 267 are present.