GR 128622; (December, 2000) (Digest)
G.R. No. 128622 ; December 14, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALMA GARALDE Y TAN and KIL PATRICK IBERO, accused-appellants.
FACTS
On August 9, 1994, in Quezon City, the Bellosillo childrenβPaolo (13), John (8), and NiΓ±o (11)βalong with their driver and two yayas, were forcibly abducted while en route to school. Their van was intercepted by armed men who blindfolded them and transported them to a safehouse. The kidnappers, including appellant Kil Patrick Ibero, subsequently contacted the victims’ mother, Kathryn Bellosillo, demanding a P10 million ransom for their release. Through police investigation led by C/Insp. Michael Ray Aquino of the PACC, a blue Toyota Corolla with a commemorative plate “ALMA” was identified at the crime scene. This vehicle was traced to appellant Alma Tan Garalde.
Appellant Garalde, owner of the vehicle, claimed it was borrowed by her husband, Roque Garalde, and denied involvement. However, evidence established that the vehicle was used in the kidnapping. Furthermore, during a police operation on August 20, 1994, which led to the rescue of the victims and the arrest of Ibero, firearms and ammunition were recovered from the Garalde residence. Both appellants were charged with Kidnapping for Ransom and Serious Illegal Detention, with Garalde additionally charged with Illegal Possession of Firearms.
ISSUE
The core issue is whether the guilt of appellants Alma Garalde and Kil Patrick Ibero for the crime of Kidnapping for Ransom and Serious Illegal Detention was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the convictions. For appellant Ibero, his guilt as a principal was conclusively established. He was positively identified by the victims as one of the armed men who abducted them, guarded them in the safehouse, and was directly apprehended by police during the rescue operation. His defense of denial cannot prevail over the clear and categorical testimonies of the prosecution witnesses.
For appellant Garalde, the Court upheld her conviction as an accomplice. While she may not have directly participated in the abduction, her indispensable cooperation was proven. The vehicle used as a backup car in the kidnapping was registered in her name and was positively placed at the crime scene. Her act of lending the vehicle to her husband, a co-conspirator, knowing it would be used for the kidnapping, constituted deliberate assistance. Her defense that the vehicle was merely borrowed without her knowledge was rejected for being inherently weak and unsupported by evidence. The recovery of firearms from her residence further bolstered the case against her. The penalty of death for Ibero and reclusion perpetua for Garalde were affirmed, with the death penalty subject to automatic review.
