GR L 6061; (April, 1954) (Digest)
G.R. No. L-6061; April 29, 1954
The People of the Philippines, plaintiff-appellee, vs. Carmen Licop y Suarez, defendant-appellant.
FACTS
Carmen Licop y Suarez was prosecuted for serious illegal detention and robbery. She was acquitted of robbery due to lack of jurisdiction but convicted of kidnapping and serious illegal detention under Article 267 of the Revised Penal Code, as amended. The trial court sentenced her to death, considering the aggravating circumstances of nighttime, aid of armed women, and use of a motor vehicle against the mitigating circumstance of lack of instruction. The conviction is under automatic review.
The prosecution evidence established that on the evening of July 2, 1952, Nelia Ramirez, an 18-year-old, was accosted in Plaza Sta. Cruz, Manila, by Carmen and three other armed women in a jeep. Under threat of death, Nelia and another unidentified woman were forced into the jeep, blindfolded, and taken to an isolated grassy area with a shack. There, Nelia saw other captive girls and tied men. Her purse containing P55 was taken. She was informed of an obligatory trip to the “boss” for immoral purposes. After the jeep developed engine trouble during this trip, Nelia managed to escape, fled, and reported the incident to a policeman, Nel Japa. The next day, she identified and caused the arrest of Carmen. Nelia’s testimony was corroborated by Policeman Nel Japa, who found her in a distressed state, and by Dr. Angelo Singian, who documented her physical injuries. Detective Alberto Nieto testified to Carmen’s sworn statement.
Carmen denied the accusations, claiming Nelia was a former neighbor whom she had tried to help find a job. She alleged Nelia fabricated the story due to anger after learning the job offered by a Miss Gonzales was for immoral purposes. She also claimed her sworn statement was signed without knowledge of its contents.
ISSUE
The primary issue is the credibility of the witnesses and the sufficiency of evidence to prove Carmen Licop y Suarez’s guilt for the crime of kidnapping and serious illegal detention beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found Nelia Ramirez’s testimony credible, natural, and corroborated by physical evidence and disinterested witnesses. The trial judge’s observations on Nelia’s respectability and Carmen’s indifferent demeanor were upheld. The Court rejected Carmen’s defenses as improbable and inconsistent, noting discrepancies in her testimony regarding her marital status and length of residence. The claim that her sworn statement was signed involuntarily was also rejected. The crime committed is kidnapping and serious illegal detention of a minor female under Article 267 of the Revised Penal Code, as amended. The aggravating circumstances of nighttime, aid of armed women, and use of a motor vehicle, and the mitigating circumstance of lack of instruction were present. For lack of the necessary votes for the death penalty, the sentence was reduced to reclusion perpetua (life imprisonment).
