G.R. No. 115351 March 27, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANIEL MALUENDA alias “DONGKOY”; GIL BUENO; RAUL MONDAGA alias “BOBONG”; and RODRIGO LEGARTO, accused, DANIEL MALUEDA and RODRIGO LEGARTO, accused-appellants.

FACTS

On August 19, 1992, at around 9:45 p.m., Engr. Miguel Resus and his wife Dr. Bernardita Resus arrived at their residence/clinic in Diatagon, Lianga, Surigao del Sur. Three men, identified as Raul Mondaga (alias Commander Bobong Gonzaga), Daniel Maluenda (alias Commander Bongkoy), and an alias “Alex,” were waiting. They claimed to be under orders from a certain Father Simon, an alleged NPA commander, to solicit money and medicines for victims of a military-NPA encounter. After initial demands were lowered, the couple gave P500 and medicines worth P800. The trio demanded that Engr. Resus drive them to San Roque, Barobo the next morning, threatening harm if they told anyone.
The next day, August 20, Mondaga arrived early and Engr. Resus drove him to Andanan, where they met Rodrigo Legarto, who was returning after having ferried Maluenda and Alex. Maluenda and Alex then joined Mondaga and Engr. Resus in the car. They proceeded to Alegria, where Mondaga ordered Engr. Resus to go with them against his will. They hiked to a mountain hut, where Engr. Resus was detained with Maluenda, Alex, and Gil Bueno.
Meanwhile, on the evening of August 20, Mondaga went to the Resus clinic and demanded P300,000 for Engr. Resus’s release. Dr. Resus said she could only produce P10,000. Mondaga also took Engr. Resus’s firearm and instructed Dr. Resus to get Legarto’s motorcycle.
On August 21, Mondaga and Legarto, along with the Resuses’ helper Maria Abne, went to Alegria. Mondaga met Engr. Resus and demanded a P300,000 ransom, later lowered to P200,000. Engr. Resus signed a note to his wife regarding the amount. Mondaga and Legarto then met Dr. Resus, and after negotiation, agreed on a P100,000 ransom plus P50,000 for Legarto’s motorcycle. Dr. Resus secured P150,000 from Mayor Presentacion Manatad in San Francisco, Agusan del Sur, by issuing a PNB check.
On August 22, Legarto, using Engr. Resus’s car, picked up Dr. Resus and they delivered the ransom money and motorcycle documents to Mondaga at a designated place. Engr. Resus was released later that day after the ransom was paid.
The Regional Trial Court convicted Raul Mondaga, Rodrigo Legarto, and Daniel Maluenda of kidnapping for ransom and sentenced them to reclusion perpetua. Mondaga withdrew his appeal, leaving Legarto and Maluenda as appellants.

ISSUE

Whether the guilt of accused-appellants Daniel Maluenda and Rodrigo Legarto for the crime of kidnapping for ransom was proven beyond reasonable doubt.

RULING

The Supreme Court ACQUITTED Daniel Maluenda and MODIFIED the conviction of Rodrigo Legarto. The Court found that the prosecution failed to prove beyond reasonable doubt that Maluenda conspired in the kidnapping. The evidence showed he was merely present at the initial solicitation and accompanied the victim to the hut, but there was no proof he participated in the ransom demands or detention. His presence alone, without any overt act showing conspiracy, was insufficient for conviction.
For Rodrigo Legarto, the Court found that while the evidence did not sufficiently establish his direct participation as a principal in the kidnapping, it clearly showed he acted as an accessory after the fact. He performed acts that facilitated the ransom collection and delivery with knowledge of the kidnapping: he lent his motorcycle to Mondaga, drove Dr. Resus to meet Mondaga, drove the car used to deliver the ransom, and received P50,000 as payment for his motorcycle from the ransom money. These acts constituted profiting from the effects of the crime. As an accessory under Article 19 of the Revised Penal Code, his penalty was reduced to an indeterminate sentence of four (4) years, two (2) months and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. The civil liability for restitution of P200,000 was imposed solely on Raul Mondaga.