People v Pagalasan

Facts:

Spouses George and Desiree Lim have three young children

Hired Ferdinand Cortez, from Valiant Security Agency as security guard
Four masked men entered their house with Ferdinand with them, whose
hands were tied behind his back
o Three entered the masters bedroom, fourth remained in the sala
They ransacked the house, getting cash and valuables. The masked men
gave Desiree a handwritten note,and dragged George and son Christopher
Neal Lim out of the bedroom through the sala to the garage, where Georges
Nissan car was parked for the night.
They were blindfolded and the masked men told them that they would be
brought to Polomolok. After 15 mins, the car stopped at Sitio Tupi and the two
men at the back with the man in the drivers seat went down from the car and
took Christopher with them. George was transferred to the front seat beside
the driver
While all that was going on, SPO2 Pao received a radio report that George Lim
and his son Christopher had been kidnapped. Police investigators were
dispatched to the Lim residence to conduct an on-the-spot investigation. They
brought Ferdinand and Julita, the maid who opened the door, to the police
station for investigation.
SPO2 Renato Daga-as, SPO2 Datur Villanueva and SPO1 Alimuddin Timbao
were directed to establish a mobile checkpoint at the intersection of the
national highway and a dirt road
Masked driver saw the intersection and instead of running thru the
chceckpoint, the driver stopped, switched off the headlights and removed his
bonnet and Georges blindfold warning the latter not to make any false move
o George was able to look at Michael Pagalasan
Officers approached. George was asked his name, and after giving a false one
and the officer noticed his hand was shaking. Pagalasan was pulled down
from the car and then taken to the mobile car. George identified himself.
The policemen thereafter searched the Nissan car and found a .38 caliber
handgun with six live bullets in its chamber and a grenade under the drivers
seat
They were taken to the police station. Ferdinand was also being interrogated
there. George after giving statement was allowed to go home
Desiree show him the note where it said that the men MUMBARAK 2-- were
going to communicate with them thru phone only
In his confession, Michael admitted that upon orders of Ronnie Cabalo, he and
three other men, Aladin (Ronnies brother), a Muslim known as Ferdinand, and
Bong (a resident of Purok Islam), had kidnapped George and his son
Christopher. Ronnie Cabalo instructed Michael to use Georges vehicle to
transport father and son to the banana plantation where Aladin, Ferdinand

and Boy would alight with Christopher, and to thereafter return George to his
house. Aladin had given him a handgun for his use. Ferdinand Cortez was in
cahoots with them.
Ransom for 3M was demanded as long as the release of Michael and Ronie
Puntuan
But in Sept 10, 1994, Christopher was rescued by the policemen without any
ransom being paid
WN Pagalasan is guilty of kidnapping Christopher under Art 267 of
the RPC? YES
But! It was not proven that he and his cohorts intended to extort
ransom.

To warrant the imposition of the death penalty for the crime of kidnapping
and serious illegal detention for ransom, the prosecution must prove beyond
reasonable doubt the following: (a) intent on the part of the accused to
deprive the victim of his liberty; (b) actual deprivation of the victim of his
liberty; (c) motive of the accused, which is extortion of ransom from the
victim or any other person. In kidnapping or serious illegal detention for
ransom, the purpose of extorting ransom is a qualifying circumstance which
must be alleged in the Information and proved by the prosecution as the
crime itself by words and overt acts of the accused before, during and after
the kidnapping and detention of the victim.
Neither actual demand for nor actual payment of ransom is
necessary for the crime to be committed.
Although kidnapping for a certain purpose is a qualifying circumstance, the
law does not require that the purpose be accomplished.

Prosecution was able to prove beyond reasonable doubt that the appellant
conspired with three others to kidnap the victims.

However, it failed to prove that they intended to extort ransom from

the victims themselves or from some other person, with a view to
obtaining the latters release. The kidnapping by itself does not give rise
to the presumption that the appellant and his co-conspirators purpose is to
extort ransom.
Looking at the THREE letters sent to the couple after the kidnapping, the
second letter -- which demanded the 3M -- does not show that it came from
the MUMBARAK group. The third letter, demanding the release of Ronie could
not have been part of the plan of the accused.