Danariza C.

Banta
BSBA HROM 4-1
Republic of the Philippines
SUPREME COURT Manila
SECOND DIVISION
G.R. No. 177566 March 26, 2008
[Formerly G.R. No. 164433]
THE PEOPLE OF THE PHILIPPINES, Appellee,
vs.
ROSALINDA TRAPAGO TAN a.k.a. KAYE SUAREZ PALINO, MARIA EL FELASOL FLORES,
a.k.a. MAE FELASOL FLORES, ARMANDO PANAGUITON DE LUNA, BENITO FEOLOG
FELAZOL, EDUARDO FRONDOZO FELAZOL, ANGELITO ANG DIEGO and ROBERTO
TOLENTINO, Appellants

When Ruiz was taking his meal outside of the company where he was working at around
8:30 p.m. of 8 September 1997, He noticed there were three vehicles parked in front of the store,
a green Nissan Sentra car, a black Honda Civic car and a red L-300 van. Suddenly, there was a
man from the Nissan sentra car who aimed him a gun. He tried to run but there are two armed
men from L-300 van blocked his way. He forced to get inside the black Honda civic. They tied
his hands and forcibly to crouch.
After an hour he brought to a small house at 421 Thatch Palm Street, Palmera Hills,
Taytay, Rizal. He was kidnapped for P40 Million in exchange of his freedom. At 9:00 pm, Her
mother, Mrs. Sonia Co, was informed by the Vice Mayor of Cabuyao that his son was kidnapped
thus, she asked Vice President Joseph Estrada for a help. He called up to General Panfilo Lacson
and told about what happened. The latter gave an instruction to Police officer Senior
Superintended Cesar Mancao to send out a team to surveillance the alleged kidnappers.
At 2: 30 am, Mrs. Sonia received a call from the kidnapper named Rudy. He asked for
P40 Million in exchange of his sons freedom. And they negotiate it and lowered to P1.2 Million.
After six days of being kidnapped, Mancao received a tip from an anonymous female
caller informing that the persons who are responsible for the kidnapping was his husband and its
girlfriend. And told where the kidnappers hid Ruiz. He sends out the SWAT there at Palmera
Subdivision, Taytay Rizal to monitor those alleged kidnappers and in the morning of his 8th day
being kidnapped, Ruiz heard the gunshots outside his room. He removed his blindfold and the
SWAT forced to open the door and rescued him. The 7 kidnappers been arrested. Also, several
high powered firearms were recovered from the house.
And because of the Appellants deprived Ruiz Co of his liberty against his will for
purposes of extorting money and their inconsistent alibis, it is sufficient to convict them of the
crimes of kidnapping and serious illegal detention.
The accused appellants are suffered to serve the penalty of Reclusion Perpetua with
penalties under Article 40 of the Revised Penal Code in lieu of the Death Penalty.

G.R. No. 173022

[Formerly G.R. No. 144588]
Present: PUNO, C.J., QUISUMBING
Promulgated: January 23, 2007
THE PEOPLE OF THE PHILIPPINES, Appellee,
- versus
YNARES-SANTIAGO, SANDOVAL-GUTIERREZ, CARPIO, AUSTRIA-MARTINEZ, CORONA,
CARPIO MORALES, CALLEJO, SR., DARIUS RODRIGO y FAJARDO AZCUNA, (acquitted),
FELICIANO FAJARDO, TINGA, JR., and REY PLATA, CHICO-NAZARIO, Appellants.

September 10, 1996 Oliver Caparas, a 13 year old boy,waiting a ride to his school in a
corner near his house in Matimbo, Malolos, Bulacan. Four men seized and boarded him into a
car. He was blindfolded until he was transferred to a van. The car where he was formerly riding
followed the van as they were travelling to Baguio. Upon Arrival, The appellants and the victim
slept overnight inside the van in a parking lot.
On the following day, Eleazar, father of Oliver received a call from kidnappers asking for
P10 million in exchange for the freedom of Oliver. They went to Bonitas Resort in Pangasinan
and the boy was then brought to a room and removed his blindfold. After 3 days of negotiation,
The kidnappers agreed to lower the ransom to P1.7 Million.
For 1 week stay of Oliver, a woman named Lanie Dela Cruz took care of him. September
17, 1996, his 7th day in the hands of the kidnappers, his uncle, Pedro Navarro was instructed by
Eleazar to deliver the ransom money to the kidnappers. After receiving a call from the latter he
was given an instruction where he must deliver the money. That night Oliver was brought in
Petron Gas station and gave him 500 pesos and told him that he will fetch him by his Uncle
inside the canteen. 1 AM of September 18, the kidnappers called Eleazar again and asked him to
go to Petron Gas station. Pedro Navarro arrived at 3AM and found his niece eating inside the
canteen, and then he brought him home where he was reunited with his father.
After the incident, the Intelligence Section of PNP in Malolos, Bulacan made an
investigation through SPO2 Antonio Chungtuyco and SPO2 Epafrodito Aliling. According to
their investigation, one of the suspects was a member of NPA rebel returnee group headed by
Armando Rodrigo, Jr. Thus, Lanie Dela Cruz was invited for questioning. She admitted that she
involves in the kidnapping of Oliver Caparas. From those information gathered about the
kidnappers was filed on March 11, 1997 against Appellants.
The trial court, upon motion of the prosecution, discharged Dela Cruz to serve as state
witness. And the allegation against appellants was found guilty beyond reasonable doubt.
But Fajardo accused that Dela Cruz was one of the co- conspirator in the crime and
should be discharge as a state witness. But according to the trial court, without dela Cruz
testimony, the whole truth would never be known. Though, there are some minor inconsistencies
in her testimony it does not affect the credibility of the witnesses, and it lessens any suspicions of
the trial court that the testimony has been rehearsed.
And from the testimonies of the witnesses, from Pedro Navarro, Eleazar Caparas, Lanie
Dela Cruz, and the victim Oliver Caparas, the statements against the Apellants was all
corroborated. The penalties on appellants Rey Plata and Feliciano Fajardo, Jr. are both reduced to
reclusion perpetua, to which they are accordingly sentenced, without eligibility for parole.