Title
People vs. Deduyo
Case
G.R. No. 138456
Decision Date
Oct 23, 2003
Johnny kidnapped for ransom by Deduyo, detained with threats; ransom demanded, Deduyo arrested, trial in absentia; Supreme Court affirmed guilt, modified penalty to death.

Case Summary (G.R. No. 138456)

Factual Background

The victim, Johnny Mauricio, was a sixteen-year-old boy. On January 30, 1994, at about four o’clock in the afternoon, Johnny was beside Mercury Drug Store on Sumulong Street, Antipolo, Rizal, waiting for passengers for his tricycle. The appellant approached and asked him to accompany him to the airport “to get a baggage,” which they would later bring back to Johnny’s house. Johnny refused because he had not obtained permission from his mother. The appellant then assured him that he had obtained permission on Johnny’s behalf. Because Johnny knew the appellant from previous residence in their home in General Luna St., Antipolo, Johnny trusted the appellant and went with him, leaving his tricycle in the care of an acquaintance named Baby.

Instead of going directly to the airport, the appellant and Johnny boarded a passenger jeep and alighted in Barangay Bagong Ilog, Pasig City, where they proceeded to a house occupied by the appellant’s co-accused, Isagani Manago, and a certain Bayani. The two men were drinking gin. The appellant joined them. After about an hour, the appellant told Johnny that he and Isagani would be the ones to get the baggage at the airport. Johnny asked permission to go home, but the appellant told him to stay behind and wait for the baggage. Johnny was then left with Bayani.

While drinking, Bayani took out a fan knife and threatened Johnny in Filipino that whoever entered the house would never come out alive. Johnny remained in the house despite fear. About an hour later, the appellant and Isagani returned and they resumed drinking with Bayani and others in the neighborhood. The appellant introduced Johnny as his nephew. Around ten o’clock in the evening, the group slept in a small house with no partition. Johnny slept on the floor between the appellant and Isagani, while Bayani slept beside the door. Johnny noticed Bayani’s knife tucked in his waist.

The following day, Johnny saw the appellant, Isagani, and Bayani already awake and conversing. Johnny again requested permission to go home, but the appellant assured him they would go back together to Antipolo with the baggage, twice reinforcing that promise—once for the night of January 30, 1994 and again for the morning of January 31, 1994. Johnny was unable to leave because of fear of Bayani and because he had no money for fare. When Johnny asked permission to urinate, Bayani accompanied him outside. On both occasions when the appellant left, Bayani guarded Johnny and even accompanied him outside. Bayani had earlier threatened that anyone entering would not come out alive and continued to be visibly armed.

Around noontime, the appellant and Isagani left again, allegedly to get the baggage at the airport. Around three o’clock in the afternoon, the appellant returned without Isagani. The appellant talked to Bayani privately, then called Johnny and gave him P12 as fare to go back to Antipolo, after which he accompanied Johnny to where he could ride home. Once Johnny returned home, he learned that his family had been demanded a ransom by the kidnapping group.

Johnny’s testimony and sworn statement revealed that the victim never truly consented to accompany the appellant beyond the initial inducement. The victim said he was tricked to go on the assurance that his mother had permitted him to go to the airport to retrieve a baggage and bring it to their house in Antipolo. When the route changed to Pasig, the appellant did not allow him to leave. Johnny also stated that he did not run away even when he wished to because the door was closed and because of Bayani’s threats and guarding.

Ransom Demand and Arrest Sequence

Johnny’s mother, Salvacion Mauricio, testified that on January 30, 1994, around five o’clock in the afternoon, a handwritten letter was given to her while she tended her clothing store at the second floor of the Antipolo public market. The letter demanded ransom of P100,000, or at least P50,000, otherwise she would not see Johnny again. It instructed her to be ready with the money the next day and to bring it to the Antipolo Church around noontime. The letter also warned her not to tell the police because “itutumba namin kayong lahat” (“we will kill all of you”). The group claimed membership in the New People’s Army (NPA) and warned Salvacion that their house and store were being watched.

Salvacion, too frightened to report immediately, eventually conferred with her family and secretly alerted the police. The next day, as instructed, she went to the Antipolo Church around noontime with only P5,100, the amount she was able to borrow. After waiting inside the church for about two hours, she left around one-thirty in the afternoon. On her way out, a man wearing a green shirt walked beside her and asked whether she carried money. When she answered yes and asked to see her son first, the man immediately ran away. A police officer in plain clothes chased him. The man was later identified as Isagani Manago. When Salvacion asked who kidnapped her son, Isagani told her it was Batman, the appellant. Salvacion and police officers then proceeded to Bagong Ilog, Pasig to look for Johnny, but they did not find him there. They instead arrested the appellant, who was about to escape on board a tricycle. The appellant told Salvacion that Johnny was already in Antipolo.

Salvacion recognized the appellant because he had previously rented their other house at General Luna St., Antipolo from 1991 to 1992, and because he was married to her store helper. She also recalled seeing him around one o’clock in the afternoon on January 30, 1994, at the second floor of the Antipolo Public Market, and he had asked about the whereabouts of her brother.

Procedural History and Trial in Absentia

The appellant and his co-accused were arraigned on June 7, 1994 and pleaded not guilty. Before the scheduled trial proper on September 20, 1994, the appellant escaped from the Rizal Provincial Jail during a mass jailbreak at dawn on July 29, 1994. Because the appellant had already been arraigned, trial proceeded in absentia. On February 19, 1998, the warden informed the court that the appellant had been re-arrested and detained. On March 30, 1998, in the presence of the appellant and his counsel, the trial court promulgated its decision dated February 20, 1998. The court acquitted Isagani Manago on the ground that his guilt had not been proven beyond reasonable doubt and convicted Rolando Deduyo, sentencing him to reclusion perpetua and to pay the costs, with warrants of arrest to be issued.

During trial, Isagani Manago testified for the defense and denied participation in the kidnapping. The appellant did not testify because he remained at large during the proceedings. The appellant’s defense also presented Romulo Amargo, who testified as to his familiarity with Isagani Manago and his account that the appellant asked Isagani to go with him to pick up a package at the airport.

Trial Court’s Appreciation of Evidence

The trial court found that the conspiracy between Deduyo and Manago as alleged in the information had not been convincingly established. It observed that the only damaging circumstance against Manago was that he accompanied Deduyo from Sariaya, Quezon to Pasig, Metro Manila, and that Manago was apprehended near the Antipolo Church after asking Salvacion whether she had the money. The trial court was disturbed by the manner of Manago’s testimony, which it perceived as frank and confident, without stammering or mannerisms that would betray innocence. It accordingly acquitted Manago.

As to the appellant, the trial court held that he masterminded the kidnapping for ransom. It considered, among other facts, the ransom note demanding P100,000 for Johnny’s safety, and it treated the appellant’s escape from jail during the pendency of the case as an additional circumstance indicating guilt. Thus, it convicted Deduyo beyond reasonable doubt, though it acquitted his co-accused.

The Parties’ Contentions on Appeal

On appeal, Rolando Deduyo assigned a lone error, asserting that the trial court erred in finding him guilty beyond reasonable doubt of kidnapping for ransom. The appellant’s core position was that there was no kidnapping, contending that the victim had voluntarily gone with him. The prosecution maintained that the evidence—particularly the victim’s testimony and sworn statement, corroborative testimonies of police surveillance and arrest, and the circumstances surrounding the ransom demand—established the essential elements of kidnapping for ransom and proved the appellant’s guilt beyond reasonable doubt.

Legal Basis and Reasoning

The Supreme Court affirmed the conviction. It reiterated that the crime of kidnapping and serious illegal detention is defined and penalized under Article 267 of the Revised Penal Code, as amended by RA 7659. It stated the elements as: (one) that the offender is a private individual; (two) that he kidnaps or detains another or in any manner deprives the latter of liberty; (three) that the act of detention or kidnapping must be illegal; and (four) that, in the commission of the offense, any of the qualifying circumstances appears, including threats to kill, or that the person kidnapped is a minor, female, or public officer, among others. It further emphasized that when the kidnapping is committed for the purpose of extorting ransom, it is not necessary that the qualifying circumstances under letters (a) to (d) be present, because ransom extortion itself qualifies the offense.

On the issue whether the victim’s initial compliance negated kidnapping, the Court held that the primary element is the actual confinement or restraint of the victim, or the deprivation of liberty. It rejected the notion that the victim must be forcibly taken or locked in an enclosure. It relied on the principle that a victim’s voluntary going does not negate deprivation of liberty where the victim is induced by deception; the Court cited People vs. Sant

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