People v.

Dela Cruz •    The attempted phase of a felony is defined as when the offender commences
G.R. No. 120988, Aug. 11, 1997
Topic: Art. 6
Doctrine: Attempted (Kidnapping and Serious Illegal Detention)
Facts:
•    September 27, 1994 11:30 am: Cecilia Caparos, a neighbor of Whiazel
Soriano, was 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.  that there really was a Dr. Medina employed by the school as dentist. Not even the
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.  Thirdly, accused-appellant did not simply ask for directions; she wanted the victim
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
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. As mentioned earlier, these do
not sufficiently establish that kidnapping had been consummated. However,
considering other attendant facts and circumstances, it does reveal that accused-
appellant had less than noble intentions with the victim. Firstly, the child was led
to believe that accused-appellant wanted to see the dentist. It is not clear, however,
guidance counselor who testified for the defense made any specific mention of the
doctor. Secondly, if accused-appellant wanted to see the dentist, why was she on
her way out? If it is true she had already gone to the clinic and found no one there
and that she then decided to leave, what else was she doing with the child?
to accompany her. That seems suspicious enough. And of all people, why ask a
seven-year old? Fortunately, the further progress and completion of accused-
appellant’s felonious design was thwarted by the timely intervention of Cecilia
Caparos, the victim’s neighbor.

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