Case Digest: People vs Dionaldo GR 207949 23 July 2014

           Article 267: Kidnapping and Serious Illegal Detention | Criminal Law

Facts:

Armando Dionaldo, Renato Dionaldo, Mariano Gariguez, Jr., and Rodolfo Larido were found guilty beyond reasonable doubt of the crime of Kidnapping and Serious Illegal Detention.

At around 8 o'clock in the morning of May 16, 2003, Roderick Navarro dropped his brother Edwin Navarro off at the Health Is Wealth Gym in Caloocan City. Thirty minutes later, he received a text message from another brother who told him that Edwin had been kidnapped. Records show that three (3) men, later identified as Armando, Renato, and Mariano, forcibly dragged a bloodied Edwin down the stairway of the gym and pushed him inside a dark green Toyota car with plate number UKF 194. Upon receiving the message, Roderick immediately reported the incident to the police. At around 10 o’clock in the morning of the same day, he received a phone call from Edwin's kidnappers who threatened to kill Edwin if he should report the matter to the police.

The following day, Roderick received another call from the kidnappers, who demanded the payment of ransom money in the amount of ₱15,000,000.00. Roderick told them he had no such money, as he only had ₱50,000.00. On May 19, 2003, after negotiations over the telephone, the kidnappers agreed to release Edwin in exchange for the amount of ₱110,000.00. Roderick was then instructed to bring the money to Batangas and wait for their next call.

At around 7:30 in the evening of the same day, as Roderick was on his way to Batangas to deliver the ransom money, the kidnappers called and instructed him to open all the windows of the car he was driving and to turn on the hazard light when he reaches the designated place. After a while, Roderick received another call directing him to exit in Bicutan instead and proceed to C-5 until he arrives at the Centennial Village. He was told to park beside the Libingan ng mga Bayani. After several hours, an orange Mitsubishi car with plate number DEH 498 pulled up in front of his vehicle where four (4) men alighted. Roderick saw one of the men take a mobile phone and upon uttering the word "alat," the men returned to their car and drove away.

Meanwhile, a team had been organized to investigate the kidnapping of Edwin, headed by SPO3 Romeo Caballero and PO3 Nestor Acebuche of the Camp Crame Police Anti-Crime Emergency Response. During the course of the investigation, Rodolfo, an employee at the Health Is Wealth Gym, confessed to PO3 Acebuche that he was part of the plan to kidnap Edwin, as in fact he was the one who tipped off Mariano, Renato, Armando and a certain Virgilio Varona on the condition that he will be given a share in the ransom money. Rodolfo gave information on the whereabouts of his cohorts, leading to their arrest on June 12, 2003. In the early morning of the following day or on June 13, 2003, the PACER team found the dead body of Edwin at Sitio Pugpugan Laurel, Batangas, which Roderick identified.

Defense:

Rodolfo, for himself, averred that at around 8 o’clock in the evening of June 12, 2003, while walking on his way home, he noticed that a van had been following him. Suddenly, four (4) persons alighted from the vehicle, boarded him inside, blindfolded him, and eventually tortured him. He likewise claimed that he was made to sign an extrajudicial confession, purporting too that while a certain Atty. Nepomuceno had been summoned to assist him, the latter failed to do so.

RTC & CA: Accused-appellants GUILTY of the crime of Kidnapping and Serious Illegal Detention, sentencing each of them to suffer the penalty of reclusion perpetua.

Issue:

WoN the accused-appellants are guilty of the crime of Kidnapping and Serious Illegal Detention.

Held:

The crime the accused-appellants have committed does not, as the records obviously bear, merely constitute Kidnapping and Serious Illegal Detention, but that of the special complex crime of Kidnapping for Ransom with Homicide. This is in view of the victim’s (i.e., Edwin’s) death, which was (a) specifically charged in the Information, and (b) clearly established during the trial of this case.

The concept of "special complex crime" of kidnapping with murder or homicide effectively eliminated the distinction drawn by the courts between those cases where the killing of the kidnapped victim was purposely sought by the accused, and those where the killing of the victim was not deliberately resorted to but was merely an afterthought. Consequently, the rule now is: Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime under the last paragraph of Art. 267, as amended by RA No. 7659.

Penalty:

Reclusion perpetua without eligibility for parole. 

₱100,000.00 civil indemnity, 

₱100,000.00 moral damages, and 

₱100,000.00 exemplary damages

The civil indemnity and damages shall earn interest at 6% per annum.

Recit Version: 

Facts: 

Armando Dionaldo, Renato Dionaldo, Mariano Gariguez, Jr., and Rodolfo Larido were found guilty beyond reasonable doubt of the crime of Kidnapping and Serious Illegal Detention. 

On May 16, 2003, Edwin Navarro was forcibly kidnapped from the Health Is Wealth Gym in Caloocan City by three men. Roderick Navarro, Edwin's brother, immediately reported the incident to the police after receiving a text message about the kidnapping. The kidnappers demanded a ransom of ₱15,000,000.00 but eventually settled for ₱110,000.00. Roderick was instructed to bring the money to a designated location but was redirected multiple times.

Later, Edwin's body was discovered in Sitio Pugpugan Laurel, Batangas. During the investigation, an employee named Rodolfo confessed his involvement and provided information leading to the arrest of the kidnappers. 

Defense: 

Rodolfo, for himself, averred that while walking on his way home, he noticed that a van had been following him. Suddenly, four (4) persons alighted from the vehicle, boarded him inside, blindfolded him, and eventually tortured him. He likewise claimed that he was made to sign an extrajudicial confession, purporting too that while a certain Atty. Nepomuceno had been summoned to assist him, the latter failed to do so. 

RTC & CA: Accused-appellants GUILTY of the crime of Kidnapping and Serious Illegal Detention, sentencing each of them to suffer the penalty of reclusion perpetua. 

Issue: 

WoN the accused-appellants are guilty of the crime of Kidnapping and Serious Illegal Detention. 

Held: Guilty of special complex crime of Kidnapping for Ransom with Homicide.

The crime the accused-appellants have committed does not, as the records obviously bear, merely constitute Kidnapping and Serious Illegal Detention, but that of the special complex crime of Kidnapping for Ransom with Homicide. This is in view of the victim’s death, which was (a) specifically charged in the Information, and (b) clearly established during the trial of this case.

The concept of "special complex crime" of kidnapping with murder or homicide effectively eliminated the distinction drawn by the courts between those cases where the killing of the kidnapped victim was purposely sought by the accused, and those where the killing of the victim was not deliberately resorted to but was merely an afterthought. Consequently, the rule now is: Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime under the last paragraph of Art. 267, as amended by RA No. 7659. 

Penalty: 
Reclusion perpetua without eligibility for parole. 
₱100,000.00 civil indemnity, 
₱100,000.00 moral damages, and 
₱100,000.00 exemplary damages 
The civil indemnity and damages shall earn interest at 6% per annum.