GR L 56858; (December, 1982) (Digest)
G.R. No. L-56858 December 27, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AKMAD MARONG and ABDURAJIK NADUWA, defendants-appellants.
FACTS
The case involves the kidnapping for ransom of three individuals from a fishing boat in Basilan by seven MNLF rebels. The victims were held for thirteen days until a ransom was paid. Accused-appellants Akmad Marong, a local ICHDF commander, and his nephew Abdurajik Naduwa, a pumpboat operator, were charged as conspirators. The prosecution’s case hinged on the testimonies of the two kidnapped guards and a witness, Baram Halim. The guards claimed they saw Marong meet with the rebel leader, Palsarip, during their captivity and deliver the ransom. Halim testified he overheard Marong instructing the rebels to carry out the kidnapping from inside his house.
ISSUE
The core issue is whether the prosecution’s evidence is sufficient to prove beyond reasonable doubt that Marong and Naduwa conspired to commit kidnapping for ransom.
RULING
The Supreme Court acquitted the accused, finding the prosecution’s evidence insufficient and unconvincing. The Court meticulously dissected the testimonies and found them improbable and contrary to human experience. Halim’s story of coincidentally eavesdropping at the precise moment of planning was deemed incredible, especially given the small size of Marong’s house and the unlikelihood his presence would go unnoticed. The Court also found it illogical that Marong, if guilty, would recklessly expose himself by transacting with the rebel leader directly in front of the kidnap victims. The failure to present key witnesses, like the boat owner who paid the ransom and the boat captain, without explanation, further weakened the prosecution’s case. While suspicion existed, the evidence did not meet the required standard of moral certainty for conviction.
