PEOPLE OF THE PHILIPPINES VS.
DOMINGO REYES, ALVIN ARNALDO AND JOSELITO FLORES G.R. No.
178300, March 17, 2009
Criminal Law Digested Case / Case Digest
Kidnapping
for ransomCriminal Law Digested Case / Case Digest
FACTS: The Yao family owns and operates a poultry farm in Barangay Santo Cristo, San Jose del Monte, Bulacan. On 16 July 1999, at about 11:00 p.m., the Yao family, on board a Mazda MVP van, arrived at their poultry farm in Barangay Sto. Cristo, San Jose del Monte, Bulacan. Yao San alighted from the van to open the gate of the farm, appellant Reyes and a certain Juanito Pataray (Pataray) approached, poked their guns at Yao San, and dragged him inside the van. Appellant Reyes and Pataray also boarded the van. Thereupon, appellants Arnaldo and Flores, with two male companions, all armed with guns, arrived and immediately boarded the van. Appellant Flores took the driver’s seat and drove the van. Appellants Reyes and Arnaldo and their cohorts then blindfolded each member of the Yao family inside the van with packaging tape.
Appellant Flores and his male companion told Yao San to produce the amount of five million pesos (P5,000,000.00) as ransom in exchange for the release of Chua Ong Ping Sim, Robert, Raymond and Abagatnan. Thereafter, appellant Flores and his male companion left the van and fled; while Yao San, Lenny, Matthew, Charlene and Josephine remained inside the van. Upon sensing that the kidnappers had already left, Yao San drove the van towards the poultry farm and sought the help of relatives. Meanwhile, Chua Ong Ping Sim, Robert, Raymond and Abagatnan were taken on foot by appellants Reyes and Arnaldo, Pataray and one male companion to a safe-house situated in the mountainous part of San Jose Del Monte, Bulacan where they spent the whole night.
On the morning of 19 July 1999, appellants again called Yao San via a cellular phone and threatened to kill Chua Ong Ping Sim and Raymond because of newspaper and radio reports regarding the incident. Yao San clarified to appellants that he did not report the incident to the police and also pleaded with them to spare the life of Chua Ong Ping Sim and Raymond. Appellants then instructed Yao San to appear and bring with him the ransom of P5 million at 3:00 p.m. in the Usan dumpsite, Litex Road, Fairview, Quezon City. Yao San arrived at the designated place of the pay-off at 4:00 p.m., but none of the appellants or their cohorts showed up. Yao San waited for appellant’s call, but none came. Thus, Yao San left.
On 23 July 1999, the corpses of Chua Ong Ping Sim and Raymond were found at the La Mesa Dam, Novaliches, Quezon CitY.Both died of asphyxia by strangulation.On 26 July 1999, appellant Arnaldo surrendered.
ISSUE: Are the appellants guilty of kidnapping?
RULING: After carefully reviewing the evidence on record and applying the foregoing guidelines to this case, we found no cogent reason to overturn the RTC’s ruling finding the testimonies of the prosecution witnesses credible. Prosecution witnesses Abagatnan, Robert, and Yao San positively identified appellants and their cohorts as their kidnappers during a police line-up and also during trial.
Abagatnan, Robert and Yao San testified in a clear and candid manner during the trial. Their respective testimonies were consistent with one another. They were steadfast in recounting their ordeal despite the grueling cross examination of the defense. Moreover, their testimonies were in harmony with the documentary evidence adduced by the prosecution. The RTC and the Court of Appeals found their testimonies credible and trustworthy. Both courts also found no ill motive for Abagatnan, Robert and Yao San to testify against appellants.
Although the Yao family was blindfolded during the incident, it was, nevertheless, shown that it took appellants and their cohorts about 10 minutes before all members of the Yao family were blindfolded. During this considerable length of time, Abagatnan, Robert and Yao San were able to take a good look at the faces of appellants and their cohorts. In addition, Abagatnan and Robert narrated that their respective blindfolds loosened several times, giving them the opportunity to have a glimpse at the faces of appellants and their cohorts.
It is significant to note that Chua Ong Ping Sim and Raymond were brutally killed as a result of the kidnapping. It is difficult to believe that Robert and Yao San would point to appellants and their cohorts as their kidnappers if such were not true. A witness’ relationship to the victim of a crime makes his testimony more credible as it would be unnatural for a relative interested in vindicating a crime done to their family to accuse somebody other than the real culprit. Relationship with a victim of a crime would deter a witness from indiscriminately implicating anybody in the crime. His natural and usual interest would be to identify the real malefactor and secure his conviction to obtain true justice for the death of a relative. Finally, we observed that the RTC and the Court of Appeals denominated the crime committed by appellants in the present case as the special complex crime of kidnapping for ransom with double homicide since two of the kidnap victims were killed or died during the kidnapping.