Myline Cordial

People of the Philippines vs. Raga Sarapida Mamantak and Likad Sarapida Taurak
G.R. No. 174659, July 28, 2008
560 SCRA 298

FACTS:
A mother lost her two-year old son in Manila and recovered him after 16 months from the two accused in Kapatagan, Lanao del Norte. She reported him missing to the authorities and even informed the public through tv and radio announcements but to no avail. Months after the disappearance of her son, she received a call from a Muslim woman asking for P30,000 in exchange for her son who was in their custody in Mindanao. With the assistance of the Presidential Anti-Organized Crime Task Force, the two accused were arrested during the pay off. One of the accused claimed that she was merely giving the boy refuge when she took him under her care and the other accused stated that she was only at the pay off point by coincidence and it was her first time seeing the boy.

ISSUE: Were the testimonies of the two accused credible?

RULING:  No. The Court held that evidence to be believed must not only proceed from the mouth of a credible witness but must be credible in itself. The statements of the two accused did not deserve credence. The factual findings of the trial court, including its assessment of the credibility of the witnesses and the probative weight thereof, are accorded great, if not conclusive, value when affirmed by the Court of Appeals.

What is the essence of the crime of kidnapping?

It is the actual deprivation of the victim’s liberty coupled with the intent of the accused to effect it. If the victim is a minor or if the victim is kidnapped and illegally detained for the purpose of extorting ransom, the duration of his detention becomes inconsequential.

Elements of Kidnapping:

(1) the offender is a private individual; not either of the parents of the victim or a public officer who has a duty under the law to detain a person;

(2) he kidnaps or detains another, or in any manner deprives the latter of his liberty;

(3) the act of detention or kidnapping must be illegal and

(4) in the commission of the offense, any of the following circumstances is present:

(a) the kidnapping or detention lasts for more than three days;

(b) it is committed by simulating public authority;

(c) any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made or

(d) the person kidnapped or detained is a minor, female or a public official.

What is ransom?

Ransom means money, price or consideration paid or demanded for the redemption of a captured person that will release him from captivity. No specific form of ransom is required to consummate the felony of kidnapping for ransom as long as the ransom is intended as a bargaining chip in exchange for the victim’s freedom. The amount of and purpose for the ransom is immaterial.

Death Penalty Law

While the penalty for kidnapping for the purpose of extorting ransom from the victim or any other person under Article 267 of the Revised Penal Code is death, RA 9346 has banned the death penalty and reduced all death sentences to reclusion perpetua without eligibility for parole. Pursuant to this law, we reduce the penalty imposed on appellants from death to reclusion perpetua, without eligibility for parole.

Is the award of damages proper?

Yes. When the crime of kidnapping is attended by a demand for ransom, by way of example or correction, an award for exemplary damages is proper.

Full Text: People vs Mamantak G.R. No. 174659, July 28, 2008