G.R. No. 125017 March 12, 2002
People of the Philippines, plaintiff-appellee, vs. Gerardo Bacungay y Caindoy, Eric Ricafranco y Malabana, Cris Iglesia y Ognala and Renato Mendez y De Leon, accused-appellants.

FACTS

On the evening of March 12, 1995, Ivonne Keh was driving in Bel-Air Subdivision, Makati, with her mother Chinya Hwang and uncle Alberto Drit Chua. A red car blocked their path. Three armed men, two of whom were later identified as accused-appellants Gerardo Bacungay and Eric Ricafranco, forced their way into the victims’ car. The victims were blindfolded, divested of their belongings, and taken to a vacant lot where Alberto Chua was ordered to call his family to produce a P5,000,000 ransom. The victims were later brought to an apartelle in Tagaytay. Ivonne Keh was able to call a friend from the apartelle to inform her of their situation. The police, having been alerted, conducted a search and rescue operation. They stormed the apartelle room, rescued Ivonne Keh, and apprehended Eric Ricafranco. Based on Ricafranco’s information, the police set up a dragnet. Accused-appellants Cris Iglesia and Renato Mendez arrived at the apartelle later, inquiring about the room, and were immediately arrested. Gerardo Bacungay was subsequently arrested at his residence. The other two victims left the country and did not testify. Accused-appellants were charged with three counts of kidnapping for ransom. The Regional Trial Court convicted all four accused-appellants and imposed the death penalty for each count.

ISSUE

The main issues raised on appeal were: (1) whether the trial court erred in convicting accused-appellants Gerardo Bacungay and Eric Ricafranco based on the allegedly doubtful identification by Ivonne Keh, given that she was blindfolded and the lighting was poor; and (2) whether the trial court erred in convicting Cris Iglesia and Renato Mendez in the absence of direct evidence linking them to the kidnapping.

RULING

The Supreme Court affirmed the decision of the trial court. It held that the positive identification by Ivonne Keh of Bacungay and Ricafranco was credible and reliable. The Court noted that she had opportunities to see her captors before being blindfolded and during moments when she peeked. Her identification during the police line-up and in open court was categorical. Regarding Iglesia and Mendez, the Court found that their arrival at the apartelle to inquire about the specific room where the victim was held, their implausible claim of being hired to fetch an “eloping couple,” and their association with the other accused established conspiracy. The purpose of extorting ransom was proven by the demand for P5,000,000. All accused-appellants were found guilty beyond reasonable doubt of three counts of kidnapping for ransom under Article 267 of the Revised Penal Code, as amended by R.A. 7659. The imposition of the death penalty for each count was affirmed. The records were ordered forwarded to the President for the possible exercise of the pardoning power.