PEOPLE VS.

CARGO, CRUZ AND GOMEZ

FACTS

Danica Taclob is the housemaid and nanny of the Spouses Jessica and Rex Ayala,
owners of Ayala Lumber and Construction Supply. On December 20, 2013 at around 10:30 in
the morning, Danica Taclob went to fetch Jason Ayala, the son of said spouses from Tumble
Tots Learning Center located at A. Mabini Street, Davao City. At about 11:10 on said date, as
Danica and Jason went of the said establishment through its gate, a black van stopped right in
front of them. Immediately thereafter, two men, one of which was the accused Pedro C. Cargo,
disembarked from the said van while one other person stayed inside the vehicle and was sitting
at the drivers seat. The two (2) men, then, forcefully pushed Danica and Jason into the said
van. After which, the two men hurriedly went inside the van and closed its sliding door. The van
then speedily drove off.
At the Ayala residence, located at 28 Mapa Street, Davao City, the spouses Ayala
wondered why Danica and Jason had not arrived yet when it was already 3 oclock in the
afternoon when Jason was supposed to have gotten out from school at 11 oclock in the
morning. They tried to contact Danica on her cellphone but she could not be reached. Because
they got so worried, the spouses went to the Santa Ana Police Station to report that their son is
missing and to ask for assistance in looking for him. However, the police merely told them to go
back home and wait a little while longer.
When the spouses got home at around 5 oclock, they noticed that their landline phone
was ringing. Rex ran towards the living room and answered the phone. On the other side of the
phone he could hear the voice of accused Cargo. he was sure that it was accuseds voice
because he was familiar with it considering that accused was their houseboy for over two (2)
years till after two (2) weeks ago when they dismissed him by reason of him being caught red-
handed in stealing Jessicas Cartier watch.
On the phone, the accused Cargo told Rex that they have her son. Before she could
speak, he heard Jasons crying voice. This caused Rex to panic and ask the accused what they
wanted. They asked for the amount of P1.5 million pesos in cash in exchange for Jason or else
they would kill him. He likewise ordered him not to get the police involved otherwise they will
send him a box with his sons head in it. Rex pleaded that they spare his sons life. He asked
whether they would accept jewelry if he was not able to come up with the entire P1.5 million in
cash. The accused acceded but with the additional demand of one (1) Colt .45 Caliber pistol.
Rex then pleaded the accused to give her some time to come up with the money. Accused
replied by giving him three (3) days or until December 23 to prepare the money. The accused
then asked for Rexs cellphone number saying that they will contact him on his cellphone on the
23
rd
to inform him where he will bring the money. After Rex dictated her cellphone number, the
accused immediately hung up.
After the call ended, the spouses Ayala were frantic and so worried about their son.
Because they did not know what to do, they immediately went to the Santa Ana Police Station
even though the kidnappers told them not to get the police involved in the matter. When they
arrived at the said station, they immediately approached the front desk to report the incident.
The policeman sitting at the front desk pointed them towards another policeman, SPO3 Ricardo
Regalado, who had experience in handling a kidnapping case in the past. When the spouses
Ayala were able to talk to SPO3 Regalado, they told him everything that happened and that the
accused were asking for ransom in exchange for their son. SPO3 Regalado advised the
spouses to prepare the ransom which the kidnappers were asking and that they will conduct an
entrapment operation on the day and time that the spouses and the kidnappers will meet for the
delivery of the ransom. The spouses followed SPO3 Regalados instructions.
At around 4:15 in the afternoon of December 23, 2014, while the spouses Ayala were
waiting inside their house, the accused Cargo called Rexs cellphone informing him to bring the
ransom money to the parking lot of Victoria Plaza located at J.P. Laurel Street at 11 oclock in
the evening of the same day; to look for a Toyota Vios with plate number MKE 789 parked in
front of the Ahfat Chinese Restaurant; and to place the ransom inside the trunk of the said
Toyota Vios that will be left unlocked. Thereafter, they should leave the parking lot, go inside
Victoria Plaza Mall and wait for the accuseds call about where to pick up their son. After giving
the instruction, accused hung up. After the call, the spouses Ayala went straight to the Santa
Ana Police station to inform the police of the instructions which the accused gave to them.
SPO3 Regalado then formulated a plan to capture the accused at the said parking lot. The
spouses Ayala then prepare the ransom. They placed cash worth P1,320,000.00 inside a black
sling bag together with assorted jewelry belonging to Jessica Ayala worth P175,000.00 and one
(1) Colt .45 Caliber pistol.
When the spouses Ayala arrived at the Victorial Plaza Mall at around 10:50 in the
evening of the same day, they went towards the direction of the Ahfat Chinese Restaurant.
When they got near said restaurant, they searched for the Toyota Vios with plate number MKE
789. They found the said vehicle right across the said restaurant. Cautiously, the spouses Ayala
approached the vehicle. They went to its rear end and found the trunk unlocked. They opened
the trunk, placed the black sling bag containing the money, jewelry and pistol inside it and then
closed it. Immediately thereafter, the spouses Ayala hurriedly turned and walked towards the
direction of Victorial Plaza Mall.
A few minutes after the spouses Ayala left the said vehicle, a man walked towards the
said Toyota Vios. Said man opened the trunk, brought out the black sling bag, closed the trunk
and placed the said bag on top of the trunk. The man then opened the said bag and inspected
its contents. After checking, the man closed the bag and went to the drivers side of the car. He
opened the drivers seat and went in. While he was inside, he made a phone call for a few
seconds. After which he turned on the car and drove away.
While the spouses Ayala were inside the Victoria Plaza, they received a phone call from
the accused informing them that their son, Jason, was at Room 11 of Oh George! Lodge,
Ecoland, Davao City. After receiving the information, the Jessica hurriedly called up the Santa
Ana Police Station, where policemen were already waiting for their call on the whereabouts of
their son and who were read to conduct the rescue operation. After receiving the information,
the said policemen immediately went to the said lodge. They found Jason, together with his
nanny, Danica, tied up, blindfolded and with packaging tape on their mouths inside the said
room with no sight of the rest of the kidnappers.
The police tailed the said Toyota Vios at a safe distance when it left the parking lot
Victoria Plaza. When they reached the highway in front of the Davao International Airport, the
police received a call confirming that the son of the spouses Ayala has been safely
rescued/retrieved. After receiving said information, the police who were tailing the accused sped
up and blocked the front, back and sides of the said Toyota Vios. This cause the accused to pull
over. The police then apprehended the accused. SPO3 Regalado was among those who
apprehended him. He was also the one who retrieved the black sling bag at the passengers
seat beside the drivers seat and marked the bag, the money, jewelry and pistol inside it.