This case has been cited 2 times or more.
|
2004-01-21 |
CARPIO, J. |
||||
| However, appellant is still liable for the crime of rape. When the information charges a complex crime and the evidence fails to support one of the component offenses, the defendant is still liable for the other offense supported by the evidence.[25] Thus, in People v. Oliva,[26] the Court found Carlito Oliva guilty of statutory rape even if the information charged him of kidnapping with rape. | |||||
|
2003-01-14 |
PER CURIAM |
||||
| The elements of the crime of kidnapping and serious illegal detention are the following: (a) the accused is a private individual; (b) the accused kidnaps or detains another, or in any manner deprives the latter of his liberty; (c) the act of detention or kidnapping is illegal; and (d) in the commission of the offense, any of the four circumstances mentioned above is present.[51] Moreover, the imposition of the death penalty is mandatory if the kidnapping was committed for the purpose of extorting ransom.[52] In the instant case, appellants cannot escape the penalty of death, inasmuch as it was sufficiently alleged and indubitably proven that the kidnapping had been committed for the purpose of extorting ransom. | |||||