G.R. No. 242696 - People vs. Bernardo y Espiritu

On July 2, 1998, Dr. Eliezer Andres, Sr. and retired Major Igmedio Arcega separately went to Sta. Lucia Mall in Cainta, Rizal to meet persons selling gold bars. Dr. Andres, Sr. did not return from the meeting.
Dr. Andres, Jr., son of the missing doctor, was informed of his father's disappearance by Major Arcega. They both searched the mall area. Major Arcega described the appearance of five persons he and Dr. Andres, Sr. met that day. Dr. Andres, Jr. noticed he was followed by four men matching those descriptions, identified later as Flores, Cortez, and Pacpaco among others. He discontinued the search out of caution.
Major Arcega also went missing the same day.
That evening, Dr. Andres, Jr. received a ransom demand phone call from a woman who claimed custody of his father, identified as Mila Andres Galamay, a frequent visitor to their residence with previous dealings with Dr. Andres, Sr. Dr. Andres, Jr. sought police assistance for the ransom payment.

On July 4, 1998, the ransom money was delivered in front of Aladdin Bus Terminal, España, Manila under police surveillance. Dr. Andres, Jr. identified Bernardo, Pacpaco, Time, Cabesa, and Ramirez as the recipients.
Bernardo took the money and gave it to Cabesa, who fled. Police arrested Bernardo, Pacpaco, Time, and Ramirez immediately.
Cabesa was followed to a house in Camarin, Caloocan City, where Flores, Antonio, and Cortez were counting the ransom money; all were arrested.

On July 3, 1998, an unidentified male cadaver was found in Brgy. Amuyong, Mabitac, Laguna. Autopsy revealed a gunshot wound to the head and asphyxia by strangulation. Dr. Andres, Jr. positively identified the body as his father, Dr. Andres, Sr.
Antonio executed two notarized Sinumpaang Salaysay on July 6 and July 8, 1998, admitting participation in the kidnapping and the killing of Dr. Andres, Sr., and alleged involvement in the killing of Major Arcega in Jalajala, Rizal. The latter’s body was autopsied showing gunshot and traumatic injuries.
Accused-appellants and co-accused denied all charges, claiming torture, wrongful accusation, and alibis.

The RTC found all the accused guilty beyond reasonable doubt of Kidnapping for Ransom with Homicide (Criminal Case No. 115554-H) and Murder (Criminal Case No. 115555-H) on April 7, 2011.
Sentences imposed were reclusion perpetua without eligibility for parole for both crimes, along with civil indemnity, moral, exemplary, and actual damages to the heirs of Dr. Andres, Sr. and Major Arcega.
The RTC based the rulings on the positive identification by Dr. Andres, Jr., corroborative extrajudicial confession of Antonio, police witnesses, and dismissal of accused’s alibi and denial defenses.

On July 31, 2017, the CA affirmed the RTC’s judgment with modification of the amounts of damages awarded.
The CA ruled that the evidence sufficiently established the elements of the crimes and that the confessions were voluntary and corroborated by other evidence.
The CA rejected the accused-appellants’ mere denials and upheld the identification and testimonies of the prosecution witnesses.
Antonio and Ramirez withdrew their appeals, while other accused-appellants pursued theirs.

During the pendency of the appeal, the Bureau of Corrections informed the Court that accused-appellant Danny Cortez y Donieto died on May 17, 2016; thus, criminal actions against him were dismissed.
The Court clarified that civil liability for Cortez’s acts may be pursued against his estate outside the delictual context.

Whether the Court of Appeals erred in affirming the conviction of accused-appellants for:

The special complex crime of Kidnapping for Ransom with Homicide under Article 267 of the Revised Penal Code (RPC), as amended.
The crime of Murder under Article 248 of the RPC.

Whether the extrajudicial confession of co-accused Antonio could be used against the accused-appellants in convicting them for the murder of Major Arcega.

The effect of the death of accused-appellant Danny Cortez on the criminal and civil cases against him.