Case Summary (G.R. No. 159469)
Factual Background
On the morning of March 11, 1982, eight-year-old Enrico walked with classmate Ferreras in Lopez, Quezon. A man (later identified as Domasian) offered to secure his father’s signature on a medical certificate and led him into a tricycle. Instead of the hospital, the man forced Enrico into a minibus, threatened him, and transported him through Gumaca market toward San Vicente. Suspicious tricycle driver Alexander Grate alerted barangay tanods, who pursued and caused the man to flee, leaving Enrico behind. Enrico reunited with his parents en route in a passenger jeep.
Ransom Demand and Forensic Examination
At 1:45 p.m. the same day, Dr. Enrique Agra received an envelope containing a ransom note demanding ₱1 million under threat to kill the child. Agra recognized the handwriting as similar to that of Dr. Samson Tan and submitted the note to police, which referred it to the NBI. The NBI handwriting expert concluded Tan authored the note; a PC/INP expert testified to the contrary.
Charges and Trial Court Findings
Both Domasian and Tan were charged with kidnapping with serious illegal detention (RPC Art. 267). Relying on eyewitness identifications and expert testimony, Judge Lanzanas convicted them and imposed reclusion perpetua, accessory penalties, ₱200,000 in actual and moral damages, and attorney’s fees.
Identification Evidence and Credibility
• Enrico positively identified Domasian from a photo lineup.
• Ferreras and Grate independently confirmed Domasian as the captor.
• Defense witness Eugenia Agtay had a personal acquaintance with Domasian, diminishing her impartiality.
The trial court found these three independent identifications credible and consistent, outweighing the accused’s alibi testimonies.
Handwriting Analysis
Under Rule 132, § 22, handwriting may be proved by expert comparison and by those familiar with the writer’s hand. The court credited the NBI expert’s comprehensive analysis over the PC/INP expert’s limited comparison and accepted Agra’s familiarity with Tan’s handwriting from daily hospital reports.
Nature of the Offense
Article 267 defines kidnapping with serious illegal detention and prescribes reclusion perpetua to death for extortion by ransom note. While no physical enclosure was used, deprivation of liberty through forceful transport and threats against a minor satisfies the statute’s elements (Par. 4). The crime was consummated upon detention; the ransom note’s delivery would only aggravate the penalty.
Impossibility Defense Rejected
Dr. Tan’s claim that sending the ransom note constituted an impossible crime fails under RPC Art. 4, ¶ 1, which holds a person liable for any felony intended, even if the wrongful act differs. The detention was already consummated; the note did not render the offense inherently incapable of completion.
Conspiracy
Conspiracy arises from agreement to commit a felony. The complementary acts—Domasian’s detention of Enrico, Tan’s drafting of the ransom note, an
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Facts of the Case
- Victim: Enrico Paulo Agra, an 8-year-old boy, walking with classmate along Roque Street, Lopez, Quezon, on the morning of March 11, 1982.
- Kidnapper’s ruse: A man approached Enrico, claiming he needed assistance obtaining his father’s signature on a medical certificate.
- Initial transport: Enrico rode with the man by tricycle to Calantipayan; the man entered a building alone purportedly to get the certificate.
- Abduction: The man flagged down a minibus at Calantipayan, forced Enrico inside, threatened him to stop crying or face harm, and held him tightly.
- Movement of victim: From Gumaca town, the pair rode a tricycle to the municipal building, walked to the market, then took another tricycle toward San Vicente.
- Intervention and escape: Tricycle driver Alexander Grate, suspicious of the man’s claim that Enrico was his brother, notified barangay tanods; the kidnapper fled, leaving Enrico behind.
- Ransom note delivery: At about 1:45 PM after Enrico’s return, an envelope with a note demanding ₱1 million for the boy’s release was sent to Dr. Enrique Agra, warning of fatal harm if not paid.
- Handwriting lead: Dr. Agra recognized the note’s handwriting from hospital records and turned it over to police, who referred it to the NBI.
- Identification: NBI expert matched the ransom note to Dr. Samson Tan; Enrico identified Pablito Domasian from a photo array as his abductor.
Trial and Procedural History
- Indictment: Domasian and Tan charged with kidnapping with serious illegal detention under Article 267, RPC, in the Regional Trial Court of Quezon.
- Trial defenses:
- Domasian: Denial; alibi claiming presence at a mahjong game and later an optical clinic with his wife.
- Tan: Denial; alibi asserting he was in Manila during the incident.
- RTC judgment (Judge Lanzanas): Both accused found guilty, sentenced to reclusion perpetua, ordered to pay ₱200,000 as actual and moral damages plus attorney’s fees.
- Appeal: Both appellants challenged witness credibility, handwriting findings, characterization of the crime, conspiracy finding, and alleged constitutional violations.
Prosecution’s Evidence
- Victim’s testimony: Enrico’s clear, consistent, and straightforw