This case has been cited 6 times or more.
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2016-01-12 |
BRION, J. |
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| Article 267 of the Revised Penal Code, as amended, mandates the imposition of the death penalty when the kidnapping or detention is committed for the purpose of extorting ransom from the victim or any other person. Ransom, as employed in the law, is so used in its common or ordinary sense; meaning, a sum of money or other thing of value, price, or consideration paid or demanded for redemption of a kidnapped or detained person, a payment that releases one from captivity.[53] | |||||
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2010-06-29 |
CARPIO MORALES, J. |
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| While actual damages may be awarded corresponding to the amount of ransom paid,[38] the Court is constrained to delete the amount awarded for failure to prove the same with reasonable degree of certainty, premised upon competent proof and the best evidence available.[39] Aside from the testimony of the victim that a P500,000 pay-off was made, there is no data on who actually handed the ransom, who received it, and under what circumstances the pay-off was made, thus leaving nagging doubts about the tale. | |||||
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2008-03-26 |
TINGA, J, |
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| For the accused to be convicted of kidnapping and serious illegal detention under Article 267 of the Revised Penal Code, the prosecution is burdened to prove beyond reasonable doubt all the elements of the crime, namely: (1) the offender is a private individual; (2) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (3) the act of detention or kidnapping must be illegal; and (4) in the commission of the offense any of the following circumstances is present: (a) the kidnapping or detention lasts for more than three days; (b) it is committed by simulating public authority; (c) serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) the person kidnapped and kept in detained is a minor, the duration of his detention is immaterial. Likewise, if the victim is kidnapped and illegally detained for the purpose of extorting ransom, the duration of his detention is immaterial.[23] | |||||
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2007-11-21 |
YNARES-SATIAGO, J. |
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| Actual damages may be awarded representing the amount of ransom paid. In People v. Morales[14] and People v. Ejandra,[15] the Court awarded actual damages representing the amounts of the ransom paid. In the instant case, the heirs of the victim are entitled to the award of P50,000.00 as actual damages, which is equivalent to the amount of the ransom paid. The heirs of the victim are also entitled to civil indemnity in the amount of P50,000.00. In People v. Yambot,[16] the Court awarded civil indemnity of P50,000.00 after finding the accused guilty of the crime of kidnapping for ransom aside from ordering the return of the amount of the ransom. In addition, the heirs of the victim are also entitled to an award of moral damages in the amount of P50,000.00. In People v. Baldogo[17] and People v. Garcia,[18] the Court affirmed the awards of moral damages in the amounts of P100,000.00 and P200,000.00, respectively, predicated on the fact that the victims suffered serious anxiety and fright when they were kidnapped. | |||||
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2007-04-13 |
CALLEJO, SR., J. |
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| Thus, for the accused to be convicted of kidnapping, the prosecution is burdened to prove beyond reasonable doubt all the elements of the crime: (a) the offender is a private individual; (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (c) the act of detention or kidnapping must be illegal; and (d) in the commission of the offense any of the following circumstances is present: (1) the kidnapping or detention lasts for more than three days; (2) it is committed by simulating public authority; (3) any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (4) the person kidnapped or detained is a minor, female, or a public officer. If the victim of kidnapping and serious illegal detention is a minor, the duration of his detention is immaterial. Likewise, if the victim is kidnapped and illegally detained for the purpose of extorting ransom, the duration of his detention is immaterial.[77] | |||||
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2007-01-23 |
TINGA, J. |
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| Under Article 267 of the Revised Penal Code, the crime of kidnapping is committed with the concurrence of the following elements, namely: (1) that the offender is a private individual; (2) that he kidnaps or detains another, or in any manner deprives the latter of his liberty; (3) that the act of detention or kidnapping must be illegal; and (4) that in the commission of the offense, any of the following circumstances is present: (a) that the kidnapping or detention lasts for more than five (5) days; or (b) that it is committed simulating public authority; or (c) that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) that the person kidnapped or detained is a minor, female, or a public officer.[47] It is evident from the testimonies of the witnesses that the essential elements of kidnapping were present. First, appellants are private individuals. Second, Oliver was abducted by four (4) armed men. Third, he was detained in a house in Pangasinan against his will. Fourth, the detention lasted for seven (7) days. Fifth, Oliver Caparas was a minor at the time of the kidnapping incident. | |||||