Case Digest (G.R. No. 118570)
Facts:
People of the Philippines v. Benedicto Ramos y Binuya alias Bennie, G.R. No. 118570, October 12, 1998, the Supreme Court En Banc, Per Curiam. The RTC, Branch 78, Quezon City (Judge Percival Mandap Lopez) convicted accused-appellant Benedicto Ramos y Binuya of kidnapping for ransom and murder and imposed two death sentences and civil indemnities; this case is the automatic review to the Supreme Court.On 13 July 1994, Malcolm Bradshaw (an American) observed a woman, later identified as Alicia Abanilla, struggling with a man later identified as Ramos at EDSA; she managed to get into Bradshaw’s car but Ramos followed and squeezed into the vehicle. Bradshaw drove toward White Plains and later to Katipunan, where Ramos forced the car to stop; he eventually pulled Alicia from the car in Project 4, Quezon City. Bradshaw recovered a receipt containing Alicia’s phone number and, at his instance, contacted her home; thereafter Bradshaw and others came to understand that Alicia was being held hostage and a ransom was being demanded.
Alicia telephoned her employer, Atty. Pastor del Rosario at Meralco, telling him she needed P200,000 immediately or “she might not be able to go home anymore.” Del Rosario assembled the money and sent it via a messenger (Inday) to a rendezvous at Glori Supermart in Sikatuna Village. A taxi driven by Antonio Pineda picked up Ramos and Alicia and proceeded toward Bulacan; the ransom was handed to Pineda and given to Alicia, who then gave it to Ramos in the taxi. The taxi detoured, stopped at St. Paul Hospital (Bocaue), and later on MacArthur Highway Alicia tried to escape by jumping from the moving taxi but was dragged; Ramos stopped the cab, shot her twice in the head and fled on foot. Traffic aide Gil Domanais fired at Ramos but missed. Police later arrested Ramos and recovered a .22 Smith & Wesson revolver, four live ammunitions, two spent shells and a bag with P138,630 in bills. Autopsy established cause of death as gunshot wounds to the head.
An Information charged Ramos with the complex crime of kidnapping for ransom with murder; he pleaded not guilty. Trial proceeded (witnesses’ affidavits were used for testimony), Ramos denied guilt and offered a sworn narrative claiming the encounter was over a loan and that the shooting occurred accidentally durin...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt the elements of kidnapping for ransom (actual deprivation of liberty and extortion/demand for ransom)?
- Did the prosecution prove beyond reasonable doubt that accused-appellant committed murder (identification of the shooter and causal nexus to death)?
- Should the killing be treated as a separate crime or as the special complex crime of kidnapping for ransom with murder under Art. 267 as amended by RA No. 7659...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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