[G.R. No. L-2025. April 28, 1951.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant,

against RICARDO PARULAN, GLORIA CABALLERO and CRISANTO SANTOS,
defendants-appellants.

The Attorney General, Mr. Felix Bautista Angelo and the Assistant Attorney General, Mr.
Guillermo B. Torres, representing the appellee.

Mr. Estanislao Fernandez, Jr., in representation of appellant Ricardo Parulan.

Mr. Sotto and Mr. Sotto, on behalf of the appellant Gloria Caballero.

Mr. Reyes and Cruz, representing the appellant Crisanto Santos.

SYLLABUS

1. CRIMINAL PROCEDURE; TERRITORIAL JURISDICTIO. - If the crime denounced is

the complex crime of kidnapping with murder, any Court of First Instance in which any of
the crimes of that crime has been committed has jurisdiction.

2. PENAL LAW; DEATH PENALTY. - The law of the Republic No. 296, which was
approved in 1948, only requires eight votes for the imposition of capital punishment. If the
crime of kidnapping with murder was committed before the approval of said law, and if a
magistrate dissents from the imposition of capital punishment, the accused should
automatically be charged with the immediately lower penalty than that of a perpetual
detention With the accessories.

DECISION

PABLO, M.:

It is an appeal against a sentence of the Court of First Instance of Manila, condemning

Ricardo Parulan and Gloria Caballero, as co-perpetrators of the crime of kidnapping with
murder, the death penalty, and Crisanto Santos, as a complice, to the minimum sentence
Of 8 years and one day of prison greater and maximum of 14 years, 8 months and one day
of temporary reclusion, besides the indemnification and costs. Mariano Natividad, Paulino
Natividad and Abelardo Desiderio were acquitted.

At the time of the commission of the offense in the present case, Arthur Lee, with Chinese
name Dy Juat Suy, was manager of the Equitable Trading Company, which has its office in
Juan Luna Street, Manila. Gloria Caballero was a 20-year-old widow, born in Stockton,
California, and her husband died in Baguio when this city was bombed by American
airplanes.

In March of 1947, Gloria, who was dedicated to the occupation of "hostess" of gambling
houses, got to meet Lee at the New Venus Hotel where he occupied a room. Gloria became a
beloved of Lee after wooing her for two weeks. They lived in a house rented by him on
Mabini Street, which is located two blocks south of the Balalaika restaurant. After two
weeks, she moved to a room at the Great Eastern Hotel. While holding these relationships
with Lee, this gave him P500 monthly and other amounts from time to time, without her
asking.

Gloria got to meet Ricardo Parulan at Tony's Place, where she was taken by Lydia who
worked at the establishment. On that night they had fun, dancing and drinking wine. When
she was about to leave, Parulan offered his services to accompany her. She accepted.
Instead of leading her home, he led her with his consent to Taliptip, Bocaue, where they
spent the night. Gloria was delighted with Parulan and acceded to his wishes. The next
morning, about seven o'clock, they were back in Manila. She got off at Rizal Avenue because
she did not want Parulan to know her residence. The next night, he had a date with him
and, accompanied by his aunt, they went first to a movie and then to the Quality Night
Club. Gloria's aunt got out of the jeep in Quiapo Square because she did not want Parulan
to know her house; But the driver, on his orders, went in, and that is why I came to know
where his aunt lived, Calle Antipolo No. 367. Parulan and Gloria went that night to Bocaue
where they stayed until the next day, when they returned to Manila. In these quotes,
Ricardo asked who was the Chinese Arthur Lee; Because he went frequently with him, and
she answered that it was her beloved who gave her all the money she asked for. Ricardo
asked if the Chinese were rich and if he had a car, to which she replied that he was the
manager of the Equitable Trading Company and has a Packard; She asked if she had
deposits in the banks, and she replied that she did not know. When they had confidence,
she asked why she asked those questions and Parulan said she wanted to kidnap him and
ask for money later. Then he asked her, "Are you okay?" Believing that what Parulan had
just proposed was just a joke, she laughed. For more than two months these relations of
Gloria with Parulan and Lee continued without incident of importance. This provided
money and comforts, while Gloria occasionally gave money to Parulan.

On June 10, 1947, Lee and Gloria had a date; But as she had a displeasure with Parulan,
she tried not to go to it and told Parulan. He insisted that she go to the meeting and then
asked Lee to drive her home.

At about seven o'clock the same day (June 10), Lee and Gloria met, according to previous
agreement, at the Torino Restaurant in Dasmariñas Street; From here by taxi they went to
the Balalaika restaurant in Ermita. They were having dinner when Lee's driver, Francisco
Abejero, arrived driving Packard No. 3486. Abejero handed the car key to his master, and
left. After dinner, Arthur, driving his Packard, invited Gloria to Dewey Boulevard to enjoy
the air of the sea. On that occasion Gloria revealed to Lee that Parulan could kidnap him,
to which Arthur Lee, laughing at him, laughed.

At about eleven o'clock, Lee led Gloria to his residence on Antipolo Street; I stopped his car
about ten feet from the door. Gloria got off and, barely a few steps, heard a scream ordering
her to come back, and when she turned her face, she saw Parulan with a hand in hand and
pointed it at Lee. Parulan ordered Lee to give his place to Crisanto Santos. Crisanto took
the crank, Gloria got into the car and settled in the backseat, and Parulan sat down beside
her. With the revolver pointed, Parulan ordered to Crisanto: "To Bocaue," and this one
complied the order. In the car Parulan told Lee that if he gave P15,000 in exchange for his
life, he would let him free; Lee replied that he did not have so much. Again Parulan told
him that if he loved his life and Gloria's, he should give the amount requested. I then hit
Gloria. Parulan again warned Lee that if he really loved Gloria, he would give her the
amount of P15,000 he was asking for, and Lee replied that he did not have that amount.
Upon arrival in Bambang, Parulan ordered Mariano Natividad, Paulino Natividad and
Abelardo Desiderio to provide a motorized bench. By the threat of Parulan, Zacarias
Valerio, not only consintio, but helped the Natividad to throw their bank "Don Matias."
Parulan, while looking for a bank, mistreating Lee and Gloria. When the bank was ready,
Parolan, Gloria, Lee, Mariano, Paulino and Santos embarked. Abelardo stayed to watch the
Packard. With everyone on board, Mariano, who was driving the engine, drove the bank
across the river to get gas, and then down to the Bay of Manila. Parulan, after some time,
began to mistreat Lee again and ordered him to remove his pants, shirt and shoes; Then I
ordered Gloria to take off her watch from her wrist and give herself to God. Parulan asked
Lee, "What about the P15,000? Are you willing to give them to me or not? Do not you
appreciate your life and Gloria's?" Lee answered that he appreciated his life and Gloria's,
but he could not give the P15,000; All he could give were P500 and promised to give them
the next day. Parulan exclaimed. "Chicken feed. Sorry na lang." I order Lee to get up and
immediately shoot him and Lee falls headfirst into the back of the bench. By order of
Parulan, Paulino Lee to the water. Parulan hit him three more shots, leaving him dead. By
order of Parulan, the bank returned to Bocaue, disembarked of the bench and all entered
the Packard. The next morning (June 11), Parulan, Gloria and Crisanto Santos stayed
inside the Packard and the others got into a jeep borrowed from Salvador Vistan, Bocaue.
Both cars headed to Marilao. In a corner of the Ibayo neighborhood, Marilao, they left the
Packard after removing the radio and plates from the number, and they all got into the jeep
in the direction of Manila. After breakfast, those from Bocaue (Mariano and Paulino
Natividad) returned to their village in the same jeep, and Parulan, Gloria and Santos
stayed at the house in Antipolo Street. A little later Santos left, taking the Packard radio.

On June 18, police found Lee's corpse in advanced decomposition on Bambang Beach,
Bocaue, Bulacan. Dr. Mariano B. Lara of the Police Department of Manila, who checked the
corpse autopsy, found the following wounds:

"(1) A gunshot wound of entry 2.2 cm x 3.5 cm The occipital bone was fractured;

"(2) A gunshot wound of exit from (1) whose measurements were obscured, located in the
median lower jaw at the level of the teeth which were found to be blown off. The lower jaw
was also fractured and punched in the middle line ;

"(3) A gunshot wound of entry, 1.2 cm x 1.3 cm, located almost in the posterior medial line
of the back of the chest, producing a visible fracture of the cost-vertebral angle of the 3rd
and 4th right ribs;

"(4) A gunshot wound of exit from (3), whose dimensions were obscured by the necrosis and
maceration of the soft tissue, found located in the anterior lower neck slightly to the right of
the median line."
The reported facts show that Parulan abducted Lee with the intention of plucking P15,000.
That was expressed with threats and mistreatment: (a) when they were still in the car in
the direction of Bambang, Bocaue; (B) when they were already in the Bambang
neighborhood, while Mariano and others were looking for a motor bank; And (c) when they
were already aboard the bank that was going to the bay of Manila and before firing the
shots that killed Lee. The accused mistreatment, not only to Lee, but also to Gloria so that
he, if he loved Gloria, was forced to make the payment. Like all his efforts, already
mistreating to Lee or already mistreating to Gloria and in spite of many threats, they were
useless, I take the determination to kill Lee. The purpose is obvious: to eliminate the one
who is to reveal to the authorities everything he had done in connection with Lee's
abduction.

Article 267 of the Revised Penal Code, as amended on September 25, 1946, by Law No. 18,
provides that the individual who abducts for the purpose of withdrawing money from the
same victim or another person, Although none of the four circumstances with which the
crime of kidnapping or illegal detention may be committed, shall be punished by the
penalty of life imprisonment to death.

The defense contends that the qualifying circumstance of malfeasance did not concur
because Parulan stated the following: "I told him to stand up and I fired my gun not
knowing that I would have hit him. I fell down knowing that he was hit without my
knowledge."

To shoot with a .45-caliber revolver at an unarmed man, after having been mistreated
several times and having removed his trousers, shoes and shirt, is to act safely, without
danger to the person of the aggressor of any attack that might To come from the offended.

It is evident that Parulan killed Lee with treachery: he committed, then, the complex crime
of kidnapping with murder.

There is no need to discuss the alleged errors regarding the aggravating and extenuating
circumstances because they do not alter the penalty that, according to Article 48 of the
Revised Penal Code, must be imposed on the accused in complex crimes.

The contention that the Court of First Instance of Manila has no jurisdiction over the case
is already settled by this court in Parulan v. Rhodes, 78 Phil., 855. In that appeal the
accused challenges the jurisdiction of the Court of First Instance of Manila, Alleging that
the kidnapping and murder are two different crimes; That the murder was committed in
Bulacan and, therefore, the court of this province is the one that had exclusive jurisdiction
over the cause. This Court declared that the crime denounced is the complex crime of
kidnapping with murder; That the kidnapping was performed as a necessary means to
extract money from the victim or kill him if the amount requested did not give it; That any
court of first instance in which any essential element of said complex crime has been
committed has jurisdiction; And the application is denied.

What criminal responsibility did those who helped Parulan have?

The court a quo acquitted the three co-defendants Mariano Natividad, Paulino Natividad
and Abelardo Desiderio; we declare that there was no conspiracy between Parulan and
Crisanto Santos, and for that, I condemn this as complice.

As for Gloria, the court found that there was a conspiracy between her and Parulan, if not
for the purpose of taking money from Lee, to eliminate him completely because he was the
man "who was obstruction to the full enjoyment of their romance."
We believe that the court a quo erred on this point. When Gloria was already quite
confident, she asked Parulan why she was investigating Lee's financial condition, and when
Parulan asked if she was okay with kidnapping Lee and then asking for money, she
laughed because she thought it was a joke. These relations passed more than two months
and nothing was said about kidnapping; But on June 10, when Gloria wanted not to go to
the appointment with Lee, Parulan ordered her to go to the appointment and to Lee's car to
retire to her house. Suspecting Gloria that Parulan had even bad intentions, she revealed
them to Lee as they were enjoying the sea breeze on Dewey Boulevard, and as Lee laughed
as she had done before, all doubt had vanished from her mind. If there was a true
agreement between them, Gloria would not have revealed it to Lee.

On the other hand, Lee gave her a large amount of money for her needs and whims, and to
rent the house on Antipolo Street where she would receive her mother who was to arrive.
Why should she allow Parulan to kill the one who treated her so munificently? Gloria, with
Lee's money, could enjoy Parulan's loves and for more than two months she was living that
way. And there is more, why did Parulan mistreat Gloria in the car, in Bambang and then
on board, if they had an agreement? All these incidents convince us that there was no
intelligence between Gloria and Parulan about Lee's kidnapping. There is no doubt that
Parulan abuse the admiration that Gloria felt towards him. She, like Crisanto Santos,
followed Parulan's instructions, not out of irresistible fear, but out of blind adhesion.

On June 10, Parulan had the opportunity to do the crime he may have been planning since
his relationship with Gloria (or perhaps even earlier), but without communicating it, he will
not laugh again. He just told her to come to the meeting and have Lee drive her to her
house. Taking advantage of his friendship with Santos, whom I met in the street, I invited
him to a bar on Avenida Rizal and there entertained him, without revealing his criminal
plans, and when I think the time was right, I invite him to go to the house Of Gloria. The
circumstances under which the crime was committed convince us that Gloria and Crisanto
aided Parulan without knowing his future plans or his criminal intent. Therefore, Gloria,
like Crisanto Santos, should be considered only as a complice and not as a co-author.

Crisanto Santos contends that I do not work freely and voluntarily but out of fear. For such
a circumstance - claims the defense - must be acquitted as were the three defendants
Mariano and Paulino Natividad and Abelardo Desiderio. On several occasions Crisanto
could have escaped Parulan's sinister company: (a) when he was mistreating Lee and Gloria
in Bambang; (B) when he went to buy bread for breakfast at Gloria's house on Antipolo
Street on the eleventh morning; (C) when I take the radio to his brother's house; And (d)
when I throw the radio into the river to prevent the discovery of sinister crime. In the first
case, it was easy for Chrysanto to slip, Parulan was busy; In all three cases, he was
completely free: he could have even gone to the authorities in Manila to report the case.
And he did not, I remained faithful to Parulan. This is proven by the following facts.
Between two and four o'clock in the morning of the twelfth, Parulan and wife, Santos and
Gloria ignoring Parulan and Gloria their promise to return to the office of the Secret Police
of Manila, they went to Bocaue where they stayed for more than a week changing three
times; Then they went to St. Mary, Bulacan, and there they stayed for two days; Then they
went to Bulak where they stayed for three days; Were in the last place when several
policemen, armed, corralaron the house. Parulan and Gloria jumped out the window and
hearing shots Gloria hid in the bushes and Parulan escaped. Gloria and Crisanto were
satellites of Parulan.

The fact that the seizure of the radio is not an essential part of the complex crime of
kidnapping with murder, does not remove it so that it is considered a revealing incident of
the intention of Crisanto to take advantage of it and then, for fear or whatever, make it
disappear To prevent the discovery of the crime. Crisanto is a complice because I cooperate
in the execution of the kidnapping.

The penalty that must be imposed on the defendant Parulan is that of the most serious
crime of kidnapping in its maximum degree, that is, capital punishment. But Judge Mr.
Tuason, consistent with his dissenting opinion in Parulan v. Rhodes, supra, can not confirm
capital punishment imposed by the Manila Court of First Instance which, according to him,
had no jurisdiction over the present case. In view of this dissenting vote, the President of
the Tribunal, Mr. Paras and three magistrates, although they believe that the accused
Parulan, due to the evidence presented, deserves capital punishment, but they can not vote
for confirmation because the crime was committed before the Approval of Law No. 296,
which requires only eight votes for the imposition of capital punishment. Automatically, by
law, Parulan should be punished immediately by the penalty of death, which is that of
perpetual imprisonment with the accessory.

The one to be imposed on Gloria Caballero and Crisanto Santos, as complications, must be
the indeterminate punishment of eight years, 8 months and 1 day of imprisonment greater
than minimum to 14 years, 8 months and 1 day of temporary imprisonment as maximum,
with Accessories. The sentence must be confirmed in everything else. Discern sentence as
resolved.

Paras, Pres., Feria, Bengzon, Padilla, Montemayor, Reyes and Jugo, MM concur.