GR L 1652; (December, 1948) (Digest)
G.R. No. L-1652. December 21, 1948.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERMIN SUAREZ (alias CULUPING), ET AL., defendants. ATILANO MALLARI (alias SALICSIC), OSCAR SANTOS and ALFREDO TAYAG (alias EDONG), appellants.
FACTS
On November 22, 1946, appellants Atilano Mallari, Oscar Santos, and Alfredo Tayag, all armed and known to the victim’s family as former residents of the same barrio, went to the house of Esteban Mungcal in Capas, Tarlac. They took him by force and threat of death to a hilly place. His wife, Ambrosia Valencia, witnessed the kidnapping. Esteban Mungcal never returned. Months later, his remains were recovered based on indications from some of the accused. Appellants, in thumbmarked statements before the Mayor and the Justice of the Peace, admitted participation in the taking of Mungcal but denied involvement in his killing, which they attributed to co-accused Fermin Suarez (who pleaded guilty). During trial, they repudiated their statements, claiming they were extracted through torture, and presented an alternative version of the kidnapping.
ISSUE
Whether the appellants are guilty as co-principals of the crime of Kidnapping under Article 267 of the Revised Penal Code, as amended.
RULING
Yes. The Supreme Court affirmed the conviction of the appellants as co-principals of Kidnapping. The positive identification by eyewitness Ambrosia Valencia and the appellants’ own extrajudicial admissions sufficiently established their active participation in depriving Esteban Mungcal of his liberty. The crime is defined and punished under Article 267, paragraph 1, of the Revised Penal Code, as amended by Republic Act No. 18 . The essential element is the illegal detention lasting more than five days. Their direct participation in the kidnapping makes them co-principals, regardless of whether they also participated in the subsequent killing of the victim. The penalty of reclusion perpetua imposed by the trial court was upheld. The Court modified the decision by ordering the appellants to pay jointly and severally an indemnity of P6,000 to the heirs of the deceased.
AI Generated by Armztrong.