Case Digest (G.R. No. 97457)
Facts:
People of the Philippines v. Tito Caballero, Jaime Caballero, Rogelio Caballero, Jose Caballero, Benny Gonzales and Wencil Esquilona, G.R. No. 97457, June 04, 1993, Supreme Court First Division, Quiason, J., writing for the Court.The information in Criminal Case No. 5560 charged Tito Caballero, Jaime Caballero, Rogelio Caballero and Jose Caballero with kidnapping on or about July 20, 1988 at Barangay Lagta, Municipality of Baleno, Masbate. The prosecution alleged the accused, aided by others, forcibly took one Noe Albao from his home after mauling him and detained him at an unknown place. Only Rogelio and Jose were arrested, arraigned and tried; Tito remained at large, Jaime died on February 9, 1990 (and the case against him was dismissed), while Benny Gonzales (a policeman) and Wencil Esquilona (a PC soldier) were dealt with separately by the National Police Commission in Legaspi City.
At trial the court found that at about 10:00 p.m. on July 20, 1988 the assailants battered the bamboo door of the Albao residence, entered, and forcibly removed and maltreated Noe Albao, who was then tied and loaded into a red Ford Fierra; the victim’s wife, Nida Salcedo Albao, and his mother, Clemencia Albao, witnessed the abduction at close range by lamplight and later reported the incident to police. Rogelio and Jose offered alibi defenses: Jose claimed he was at his store in Barangay Bari-is, Aroroy, attending to boarders; Rogelio claimed he was confined at home with an asthma attack. The trial court convicted Rogelio and Jose beyond reasonable doubt of kidnapping and sentenced them “to suffer the penalty of Reclusion Perpetua or life imprisonment,” ordered payment of P30,000 civil indemnity to Noe Albao’s heirs, and imposed costs.
The case reached the Supreme Court on appeal from the Regional Trial Court, Masbate. This Court reviewed the trial court’s ...(Pro-only)
Issues:
- Was the conviction of Rogelio Caballero and Jose Caballero for kidnapping supported by evidence beyond reasonable doubt?
- Was the sentence of “Reclusion Perpetua or life imprisonment” properly imposed, or should it be modified?
- Should the civil indemnity awarded to the heirs of Noe Albao be mo...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)