This case has been cited 2 times or more.
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2004-04-15 |
PER CURIAM |
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| In this case, the evidence on record shows that at the time the ransom money was to be delivered, appellants Arturo Malit and Fernando Morales, unaccompanied by any of the other accused, entered the van wherein Feliciano Tan was. At that time Narciso Saldaña, Elmer Esguerra and Romeo Bautista were waiting for both appellants from a distance of about one (1) kilometer.[105] By not availing of this chance to escape, appellants' allegation of fear or duress becomes untenable.[106] We have held that in order that the circumstance of uncontrollable fear may apply, it is necessary that the compulsion be of such a character as to leave no opportunity to escape or self-defense in equal combat.[107] Moreover, the reason for their entry to the van, where the father of the victims was, could be taken as their way of keeping Feliciano Tan under further surveillance at a most critical time. | |||||