G.R. No. 186523 ; June 22, 2011
People of the Philippines, Plaintiff-Appellee, vs. Urban Salcedo, Abdurahman Ismael Diolagra, Abdulajid Ngaya, Haber Asari, Absmar Aluk, Bashier Abdul, Toting Hano, Jr., Jaid Awalal, Annik/Rene Abbas, Mubin Ibbah, Magarni Hapilon Iblong, Lidjalon Sakandal, Imram Hakimin Sulaiman, Nadsmer Isnani Sulaiman, Nadsmer Isnani Mandangan Kamar Jaafar, Sonny Asali and Bashier Ordoñez, Accused-Appellants.

FACTS

This is an automatic review of the Decision of the Court of Appeals (CA) promulgated on November 24, 2008. The CA affirmed the Regional Trial Court (RTC) of Isabela City, Basilan, Branch 2, which convicted the accused-appellants of the crime of Kidnapping and Serious Illegal Detention with Ransom under Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659 . The cases stemmed from four separate kidnapping incidents involving victims Joel Guillo, Reina Malonzo, Shiela Tabuñag, and Ediborah Yap. The salient facts are: On June 1, 2001, victims Shiela Tabuñag, Reina Malonzo, and Ediborah Yap were nurses on duty, and Joel Guillo was the hospital accountant at Jose Maria Torres Memorial Hospital in Lamitan, Basilan. At around 12:30 a.m. on June 2, 2001, the Abu Sayyaf Group (ASG), led by Khadaffy Janjalani and Abu Sabaya, with about 30 armed followers, entered and took control of the hospital. Another ASG group of about 60 followers, led by Abu Umran, arrived to reinforce them. A firefight ensued between the ASG, military forces, and a civilian group. During the pandemonium, the ASG herded hostages, including the victims, from room to room, also looking for medicine, syringes, food, and clothing. The firefight lasted until the afternoon. At around 6:00 p.m., the ASG and the hostages, including the victims, fled the hospital. The RTC found the accused-appellants guilty as principals. In Criminal Case No. 3537-1129 (Guillo), they were sentenced to Reclusion Perpetua. In Criminal Case Nos. 3608-1164 (Malonzo), 3611-1165 (Tabuñag), and 3674-1187 (Yap), they were each sentenced to death. The CA modified the penalty to Reclusion Perpetua for all cases in line with prevailing jurisprudence, as the death penalty was no longer imposed following Republic Act No. 9346 .

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of the accused-appellants for the crime of Kidnapping and Serious Illegal Detention with Ransom.

RULING

The Supreme Court AFFIRMED the Decision of the Court of Appeals dated November 24, 2008. The Court found no reason to deviate from the findings and conclusions of the CA. It held that the CA correctly affirmed the RTC’s judgment of conviction. The Court also noted that the CA properly modified the penalty from death to Reclusion Perpetua for Criminal Case Nos. 3608-1164, 3611-1165, and 3674-1187, in accordance with Republic Act No. 9346 , which prohibits the imposition of the death penalty. Furthermore, the Court rejected the claim of minority by some accused-appellants, finding that accused-appellants Iblong, Mandangan, Salcedo, and Jaafar were not minors at the time of the commission of the crime and, therefore, could not benefit from the provisions of Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006). The dispositive portion of the CA Decision, which imposed the penalty of Reclusion Perpetua for all cases and ordered the payment of moral damages, civil indemnity, and exemplary damages where applicable, was upheld.