G.R. No. L-13007, December 23, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LOPE CUNANAN, alias PERLA, ET AL., defendants. RAYMUNDO ABESAMIS, alias RADING, alias TEDDY, alias MIKE, alias MUNDING, alias UTO, defendant-appellant.

FACTS

On April 23, 1953, at about 7:30 p.m., Dorotea Fernandez (wife of Dr. Zosimo Fernandez), their daughter Fe, and the family driver Buenaventura Fernandez were forcibly taken from their house in Pagsanjan, Laguna, by a band of about seventeen armed men headed by Lope Cunanan (alias “Capt. Mendoza”). The captives were brought to a mountain hideout. During captivity, Mrs. Fernandez was ordered by Cunanan to copy and write letters to her husband demanding a ransom, initially set at P80,000.00 and later reduced to P40,000.00. The captives were heavily guarded throughout their detention. On May 8, 1953, upon payment of the P40,000.00 ransom, they were released. The ransom money was divided among the members of the detachment, with appellant Raymundo Abesamis receiving a share. Abesamis was positively identified by Mrs. Fernandez and Buenaventura Fernandez as one of the armed men who guarded the captives during the entire period. He was convicted of kidnapping with ransom by the Court of First Instance of Laguna and sentenced to life imprisonment. He appealed, contesting the sufficiency of evidence for conspiracy.

ISSUE

Whether the evidence is sufficient to prove that appellant Raymundo Abesamis conspired with Lope Cunanan and others in the commission of the crime of kidnapping for ransom.

RULING

Yes, the evidence sufficiently establishes conspiracy. The Supreme Court affirmed the conviction. The record shows that Abesamis was a member of the Huk detachment under Cunanan’s command and was among those who guarded the captives from shortly after the kidnapping until their release. The circumstances—including the general rejoicing upon news of the ransom agreement, the actual payment and division of the ransom money in Abesamis’s presence, and his receipt of a share—considered alongside his continuous guard duty, leave no doubt that he was privy to and participated in the criminal conspiracy. The Court held that the incriminatory statements in Cunanan’s extrajudicial confession merely corroborated the prosecution witnesses’ testimony. The penalty of life imprisonment was affirmed, as the imposition of the death penalty was not possible due to insufficient votes, especially since the band leader, Cunanan, had also been sentenced to life imprisonment.