Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
City Prosecution Office
Naga City, Camarines Sur

ROSA DE LARA-VILLAREAL, Complainant I.S. No. __________

-versus- FOR:KIDNAPPING

ANGEL MANZANO, Respondent

x-----------------------------------------------x

RESOLUTION
The respondent, Angel Manzano, was charged with the crime of KIDNAPPING (3 counts). In a
complaint filed by Rosa De Lara-Villareal. In support of the complaint, the herein complainant
attached the following documents: 1) Affidavit of the complainant; 2) Certified police records of
the Naga City Police Office; 3)Letter of Endorsement by the City Social Welfare and
Development; 4)Birth certificate of Angela Villareal; 5) Birth certificate of Gina Villareal
Manzano; 6) Birth certificate of Aaliyah Jane Villareal; and 7) Affidavit of Acknowledgment of
Paternity executed by Angel Manzano and Gina Villareal.

Statement of Facts

Based on the affidavit submitted by the complainant and the evidence presented. The record
shows that on or about the 6th day of April 2016 at around 8:00 in the morning at Bgy. Pacol,
Naga City, Philippines, the person of ANGEL MANZANO, who had a common law relationship
with Gina Villareal, the deceased daughter of the complainant, asked permission from the
complainant that he and the complainants grandchildren namely ANGELA VILLAREAL
MANZANO, aged 14 years old; GINO VILLAREAL MANZANO, aged 2 years old; and
ALIJAH VILLAREAL MANZANO, aged 10 months old, were going to Cebuana in Centro of
Naga city to get money. However, the complainant learned from her neighbour that the
respondent was actually going home to Cebu City together with her grandchildren without her
knowledge and consent. The complainant tried to contact the respondent and her grandchild
Angela through a cellphone but was unable to reach them. She then went to the Barangay and to
the police station as well as to the City Welfare and Development Office to seek assistance in
recovering the custody of her grandchildren from the respondent out of fear that the latter might
neglect them by reason of his being unemployed. On May 21, 2016, the complainant, together
with her three children, went to Cebu City and coordinated with the DSWS Tehiro Cebu City
wherein they had a confrontation with the respondent. They demanded the return of the custody
of the grandchildren from the respondent but the latter refused. Worried that she may not be able
to recover the custody of her grandchildren, the complainant filed a complaint before this Office
against the respondent for three counts of KIDNAPPING.

The complainant also further stated in her affidavit that the respondent is not the true father of
her grandchildren and that he acknowledged them in their birth certificate because he and her
deceased daughter were living together while the latter was still alive.
 Analyses/Findings and Recommendations

From an analyses of the facts presented and the evidence supporting the complaint thereby shows
that there is a reasonable ground to believe that a crime has been committed and that the
respondent is probably guilty thereof.

Art. 270 of the Revised Penal Code states that:

Art. 270. Kidnapping and failure to return a minor.

The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted
with the custody of a minor person, shall deliberately fail to restore the latter to his
parents or guardians. (As amended by R.A. No. 18)

The facts of the case before us squarely fall under the crime of Kidnapping and failure to return a
minor punished under Art.270 of the Revised Penal Code. The offense of Kidnapping and failure
to return a minor as stated above consists of two elements: 1.) the offender has been entrusted
with the custody of a minor person, and 2.) the offender deliberately fails to restore said minor to
his parents and guardians.

It is clear from the testimony of the complainant that when the respondent asked permission from
the former that he was going to Centro of Naga City together with the three minor children, he
has been entrusted with the custody of the minor children by the complainant who is the guardian
of them by being their grandmother. Hence, the first element of the offense is present. When the
complainant was informed that the respondent actually took away her three grandchildren to
Cebu City instead and was not able to recover them from the respondent who refused to return
them despite the demands of the complainant, the second element of the offense existed and,
therefore, the crime was effectively accomplished.

WHEREFORE, premises considered, undersigned respectfully recommends that upon approval

of this resolution, the attached informations for three counts of Kidnapping of a minor punished
under Art. 270 of the Revised Penal Code be filed against respondent ANGEL MANZANO.

Naga City, Camarines Sur

Investigating Prosecutor

RECOMMENDING APPROVAL:

APPROVED