Case Digest (G.R. No. 130347)
Facts:
In an information filed on May 31, 1989 before the Regional Trial Court of Quezon City, Branch 103 (Criminal Case No. Q-57404), the People of the Philippines charged Isabelo Puno y Guevarra alias “Beloy” and Enrique Amurao y Puno alias “Enry” with kidnapping for ransom under Article 267 of the Revised Penal Code. The complaint arose from an incident on January 13, 1988 at around 5:00 p.m. when the victim, Maria del Socorro Mutuc Sarmiento (also known as Corina Mutuc Sarmiento), owner of Nika Cakes and Pastries in Araneta Avenue, Quezon City, was persuaded by Puno—her husband’s driver—to ride in her husband’s Mercedes-Benz. Shortly after turning a corner on Araneta Avenue, the vehicle stopped and Amurao, brandishing a firearm, forced his way into the back seat. At gunpoint, they took ₱7,000 from her bag and later demanded ₱100,000 more, compelling her to issue three checks for ₱30,000, ₱30,000, and ₱40,000. As the car traversed the North Diversion Highway, Sarmiento managed to juCase Digest (G.R. No. 130347)
Facts:
- Background and Charge
- On May 31, 1989, the Regional Trial Court of Quezon City, Branch 103, filed an information charging Isabelo Puno y Guevarra and Enrique Amurao y Puno with kidnapping for ransom under Article 267 of the Revised Penal Code, alleging they wilfully abducted Maria del Socorro Sarmiento on January 13, 1988.
- The appellants pleaded not guilty; after trial, the court found them guilty instead of robbery with extortion on a highway under Presidential Decree No. 532, sentencing each to reclusion perpetua and ordering payment of actual and temperate damages.
- The Incident and Arrest
- At about 5:00 PM on January 13, 1988, Puno—Mrs. Sarmiento’s husband’s driver—took her in her husband’s Mercedes on the pretext of replacing her own driver. After turning onto Araneta Avenue, Amurao boarded the car, displayed a firearm, and the two demanded ₱7,000 in cash and later ₱100,000 by checks.
- They drove through Sta. Mesa and the North Diversion (North–South) Highway, then toward Pampanga. Mrs. Sarmiento escaped by jumping from the moving vehicle. The following day, Amurao was arrested attempting to cash a ₱40,000 check; Puno was likewise arrested, and the Mercedes was recovered parked in Dolores, Pampanga.
Issues:
- Characterization of the Offense
- Whether the appellants committed kidnapping for ransom under Article 267 of the Revised Penal Code.
- Whether the appellants committed robbery with extortion on a highway under PD 532.
- Whether the appellants committed simple robbery under Paragraph 5, Article 294 of the Revised Penal Code.
- Procedural Questions
- Whether conviction under PD 532 is valid when the appellants were not expressly charged under that decree.
- Whether simple robbery is a “necessarily included” offense in the charged crime of kidnapping for ransom, permitting conviction under Rule 120, Sections 4–5.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)