G.R. No. 174471 , January 12, 2016
People of the Philippines v. Jerry Pepino y Rueras and Preciosa Gomez y Campos

FACTS

On June 28, 1997, at Kilton Motors in Parañaque City, accused-appellant Jerry Pepino, along with another man and a woman (later identified as accused-appellant Preciosa Gomez), entered the office of Edward Tan. Pepino pulled out a gun. Edward, thinking it was a holdup, pointed to the cashier’s box. The men looted the box, handcuffed Edward, and forced him to go with them. Edward’s wife, Jocelyn, witnessed Pepino taking her husband. Pepino brought Edward to a Toyota Corolla where Gomez was seated in the front passenger seat. Edward was blindfolded and taken to an apartment in Quezon City, where he was chained. The kidnappers demanded a P40 million ransom from Edward’s father, later negotiating with Jocelyn for P700,000. After the ransom was delivered on July 1, 1997, Edward was released inside the UP Diliman Campus. Months later, Edward and Jocelyn identified Pepino and Gomez from a police lineup. The Regional Trial Court convicted Pepino and Gomez of Kidnapping and Serious Illegal Detention and sentenced them to death. The Court of Appeals affirmed the conviction but modified the damages. Pepino withdrew his appeal. Only Gomez appealed to the Supreme Court, arguing the impossibility of Edward seeing her while blindfolded, lack of conspiracy, suggestive police lineup, and the impropriety of the death penalty.

ISSUE

1. Whether the warrantless arrest of Gomez was valid.
2. Whether the prosecution proved Gomez’s guilt beyond reasonable doubt, specifically regarding her identification and alleged conspiracy.
3. Whether the penalty imposed was proper.

RULING

1. On the Illegality of Arrest: The Supreme Court ruled that Gomez is deemed to have waived any objection to her warrantless arrest by failing to question it before arraignment. By entering a plea and participating in the trial, she voluntarily submitted to the court’s jurisdiction. Furthermore, any irregularity in the arrest does not invalidate a conviction rendered after a fair trial.
2. On the Proof of Guilt: The Court affirmed Gomez’s conviction. It held that the prosecution proved her guilt beyond reasonable doubt.
* Identification: Edward Tan positively identified Gomez as the woman in the front passenger seat of the getaway car. The Court found his testimony credible and consistent. It noted that Edward had the opportunity to see Gomez before being blindfolded when he was forced into the car. His identification during the police lineup and in court was reliable.
* Conspiracy: The Court found that conspiracy was established. Gomez’s presence in the getaway car, her participation in transporting the victim to the safe house, and her involvement in the ransom delivery instructions demonstrated a community of criminal purpose with the other kidnappers. Her actions were indispensable to the crime’s execution.
3. On the Penalty: The Court modified the penalty. In light of Republic Act No. 9346 , which prohibits the imposition of the death penalty, the penalty was reduced to reclusion perpetua without eligibility for parole. The awarded damages were also modified: P700,000.00 as actual damages (the ransom amount), P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, all with legal interest.
DISPOSITIVE PORTION:
The Court AFFIRMED with MODIFICATION the Court of Appeals’ decision. Accused-appellant Preciosa Gomez y Campos is found GUILTY of Kidnapping and Serious Illegal Detention under Article 267 of the Revised Penal Code, as amended. She is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. She is ordered to pay Edward Tan P700,000.00 as actual damages, P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, all with legal interest at 6% per annum from the finality of the judgment until fully paid.