This case has been cited 2 times or more.
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2007-11-21 |
YNARES-SATIAGO, J. |
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| The abduction and killing of Libertador happened on March 26, 1992 or prior to the date of effectivity of Republic Act (R.A.) No. 7659 or The Death Penalty Law on December 31, 1993. As held in People v. Ramos:[7] | |||||
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2004-02-03 |
PER CURIAM |
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| Article 267 states that if the victim is killed or died as a consequence of the detention, or is raped or subjected to torture or dehumanizing acts, the maximum penalty shall be imposed. In People vs. Ramos,[131] citing Parulan vs. Rodas,[132] and People vs. Mercado,[133] we held that this provision given rise to a special complex crime, thus:"Prior to 31 December 1993, the date of effectivity of RA No. 7659, the rule was that where the kidnapped victim was subsequently killed by his abductor, the crime committed would either be a complex crime of kidnapping with murder under Art 48 of the Revised Penal Code, or two (2) separate crimes of kidnapping and murder. Thus, where the accused kidnapped the victim for the purpose of killing him, and he was in fact killed by his abductor, the crime committed was the complex crime of kidnapping with murder under Art. 48 of the Revised Penal Code, as the kidnapping of the victim was a necessary means of committing the murder. On the other hand, where the victim was kidnapped not for the purpose of killing him but was subsequently slain as an afterthought, two (2) separate crimes of kidnapping and murder were committed. | |||||