G.R. No. L-65048. January 9, 1987.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MOISES MARCOS Y DE LA ROSA, accused-appellant.

FACTS

The accused, Moises Marcos, was charged with kidnapping for ransom. The information alleged that on February 20, 1979, in Caloocan City, he conspired with others to kidnap nine-year-old Benedict Gonzales. The victim was detained for two nights, and a ransom note demanding P200,000 was delivered to his father, Benito Gonzales. The prosecution established that the accused, a cousin of the victim’s father, initially presented himself as a helper. He advised Benito to negotiate with the kidnappers, volunteered to secure a reduced ransom of P20,000 from a friend, and later returned with the child, claiming to have paid the kidnappers. Subsequent NBI investigation revealed inconsistencies in his story.
The accused later confessed in a sworn statement, admitting he conspired with others to plan and execute the kidnapping. He identified the victim to his co-accused and wrote the ransom note. The trial court found him guilty beyond reasonable doubt and imposed the death penalty, along with indemnities. His co-accused remained at large. On automatic review, the Supreme Court examined the propriety of the penalty.

ISSUE

Whether the penalty of death imposed by the trial court is proper under the circumstances of the case.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the confession and corroborating evidence sufficient to sustain the finding of guilt for the crime of kidnapping. However, it ruled the death penalty was inappropriate. The Court noted the crime was not a product of a deliberate, hardened conspiracy but was “clumsily conceived on the spur of the moment.” Mitigating circumstances were recognized, including the accused’s eventual remorse, his voluntary return of the victim without full ransom payment, his lack of share in the ransom money, and his act of selling his own car to appease his co-conspirators. Furthermore, the Court considered his satisfactory behavior during his nearly eight years of detention pending review.
Consequently, the extreme penalty of death was reduced to reclusion perpetua (life imprisonment). The Court also directed that a recommendation for further commutation be considered if his prison conduct remained satisfactory. The indemnity was corrected to P20,000, matching the actual ransom paid, instead of the P25,000 awarded by the trial court. The decision was affirmed in all other respects.