GR L 16941; (October, 1968) (Digest)
G.R. No. L-16941 October 29, 1968
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MATEO DEL CASTILLO, ET AL., defendants, JOSE ESTRADA, defendant-appellant.
FACTS
On February 27, 1956, Mrs. Elvira Tañada de Principe was kidnapped by a Hukbalahap band led by Commander Pepe Alcantara and detained for 18 days until released upon payment of a P50,000 ransom. Multiple criminal cases were filed. The instant appeal concerns Criminal Case No. 213-G for Kidnapping for Ransom, where only accused-appellant Jose Estrada, a municipal councilor of Gumaca, was tried. The information alleged that Estrada conspired with Lt. Alcantara and others in kidnapping Elvira Tañada de Principe and Carmen Noceto for ransom. The prosecution evidence, through witnesses including the victims, established that Lt. Alcantara initially planned to kidnap someone from Gumaca for ransom but had no specific target. Appellant Estrada was called for cooperation, suggested the Principe family, and pinpointed Elvira as the ideal victim because the family could easily pay the ransom. Lt. Alcantara agreed, and Estrada promised his continued support. Estrada was aware of prior kidnappings in the area with severe consequences. The trial court found Estrada guilty as a principal by inducement and sentenced him to death, considering the aggravating circumstance of abuse of public office.
ISSUE
Whether the trial court correctly convicted accused-appellant Jose Estrada of the crime of kidnapping for ransom.
RULING
Yes, the conviction is affirmed but the penalty is modified. The Supreme Court found that the evidence established Estrada’s guilt as a principal by inducement. His suggestion of the victim and assurance of cooperation were the efficacious inducement that led to the kidnapping. The aggravating circumstance of abuse of public office was present. However, for lack of the necessary votes to affirm the death penalty, the Court imposed the penalty next lower in degree. Appellant Jose Estrada is sentenced to reclusion perpetua and ordered to pay the civil liability. The decision is affirmed with modification as to the penalty.