Case Digest (G.R. No. 15870)
Facts:
The People of the Philippines charged Alma Bisda and Generosa "Jenny Rose" Basilan with kidnapping for ransom for the abduction and detention of five‑year‑old Angela Michelle Soriano from September 3 to 8, 1998 in Marikina and Paco, Metro Manila; the Regional Trial Court convicted both appellants of kidnapping for ransom under Article 267 as amended by Republic Act No. 7659, sentenced them to death, and ordered indemnity to the victim's parents. The PAOCTF recovered the child at Bisda's office after tracing ransom calls, Basilan surrendered and was identified by the victim, and the appellants appealed to the Supreme Court on automatic review.Issues:
- Did the prosecution prove beyond reasonable doubt that the appellants committed kidnapping for ransom under Article 267, as amended by RA No. 7659?
- Was the testimony of the child victim competent and sufficiently credible to support conviction?
- Was the imposition of the death penalty and the awards of damages proper?
Ruling
Case Digest (G.R. No. 15870)
Facts:
- Parties, procedural posture, and charge
- People of the Philippines as Appellee; Alma Bisda y Gaupo and Generosa "Jenny Rose" Basilan y Payan as Appellants.
- Amended Information in Criminal Case No. 98-2647-MK charged appellants with kidnapping for ransom under Article 267 of the Revised Penal Code, alleging deprivation of liberty of Angela Michelle Soriano y San Juan for six days for the purpose of extorting ransom.
- Appellants pleaded not guilty at arraignment. The Regional Trial Court (RTC), Marikina City, Branch 272, convicted them of kidnapping for ransom and sentenced each to death by lethal injection, ordered indemnity of P100,000 to the victim’s parents, and costs.
- Facts of the abduction and investigation
- Victim Angela, age five during school year 1997–1998, attended Mother of Divine Providence School in Marikina Heights; her parents were William and Marymae Soriano.
- Appellant Jenny Rose was known to Angela through the household helpers; on September 3, 1998, appellants met Angela near the school gate, showed a visitor’s pass to the security guard, told her parents were waiting at Jollibee, and induced her to go with them.
- According to the victim, appellant Alma held her hand tightly and poked a knife at her, rendering the child unable to refuse; they rode a tricycle to Jollibee, then a taxi to a rented small house described as a "dirty house" where Angela’s clothes were changed and she was detained.
- During detention at appellant Bisda’s office/house at No. 1258 Paz Street, Paco, Manila, Angela was fed, bathed, allowed to watch television and draw, but at one time her hands and feet were tied and scotch tape was placed over her mouth; the door to the premises was kept locked.
- William Soriano and school personnel reported Angela missing; PAOCTF organized a surveillance and recovery operation.
- Ransom-related telephone contacts: on September 4 a woman left a message; on September 5 William received a call demanding PHP 5,000,000; on September 7 Marymae received repeated ransom calls and asked to reduce the demand to PHP 25,000–50,000; on September 8 William received another call asking where the money was and rejecting offers of PHP 25,000 or PHP 50,000.
- PAOCTF surveillance led to sighting appellant Alma emerging from a small house near Paz Street; operatives observed Alma use a telephone at a nearby store contemporaneously with William receiving the September 8 call; operatives heard a car horn during the telephone call.
- Operatives confronted Alma outside her house; upon entry they heard a child cry and recovered Angela inside; seized items included a pair of black shoes, a pair of panties, a yellow shirt, and a blouse-and-shorts set sized for a child.
- Jenny Rose surrendered to PAOCTF on October 26, 1998; she was fingerprinted, participated in a police lineup, and Angela identified her as one of the kidnappers; prosecutor amended the Information to name Jenny Rose as second accused.
- Defense...(Subscriber-Only)
Issues:
- Sufficiency of evidence and elements of the offense
- Whether the prosecution proved beyond reasonable doubt the elements of kidnapping or serious illegal detention under Article 267 of the Revised Penal Code, as amended by RA No. 7659.
- Whether the prosecution proved the qualifying circumstance that the detention was for the purpose of extorting ransom, thereby warranting the death penalty.
- Conspiracy and principal liability
- Whether the prosecution proved concert of action or conspiracy under Article 8 of the Revised Penal Code, making each appellant a principal.
- Competency and credibility of the child witness
- Whether the trial court erred in admitting and crediting Angela’s testimony without a voir dire or explicit examination on her capacity to distinguish right from wrong. ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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