Inquirer file photo
MANILA, Philippines — The absence or loss of ransom money is immaterial in proving guilt in kidnap for ransom cases, according to the Supreme Court.
In a ruling made by the First Division on Jan. 21 this year, but made public only on Tuesday night, the high tribunal affirmed the conviction of a police officer and six of his coaccused. It said their argument that the P500,000 ransom had vanished while under police custody “does not negate the occurrence” that they demanded money from the family of a woman they abducted.
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The Supreme Court was acting on an appeal lodged by the accused against the 2024 ruling of the Court of Appeals (CA) that had upheld the 2021 decision by a Quezon City court.
READ: PNP orders probe into cold kidnap-for-ransom cases
“The Court finds untenable accused-appellants’ contention that the loss of the ransom money creates reasonable doubt as to the existence of ransom,” it said in the 16-page ruling penned by Associate Justice Ricardo Rosario.
Corpus delicti
Citing a 2003 ruling by the high court’s en banc, it said that the ransom money is “not the corpus delicti” (body of the crime) for the crime of kidnapping for ransom.
READ: SC affirms conviction of cop, 6 others in 2004 abduction case
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It added that the Quezon City Regional Trial Court (RTC) and the appellate court were correct in ruling that the demand and delivery of the ransom money were “clearly proven” by the prosecution.
“Thus, the Court upholds the CA and the RTC, both of which correctly found that the demand for and payment of ransom were clearly proven, and that the loss or nonpresentation of the ransom money does not create reasonable doubt as to the commission of the crime,” it added.
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The case stemmed from a 2004 incident wherein two policemen in uniform flagged a woman in her car as she was driving in Sta. Cruz, Manila. They forcibly took her to various locations in Quezon City and Antipolo City to demand P50 million from her family.
The victim’s father testified in court that he received repeated calls from the perpetrators who initially demanded a ransom of P50 million. The amount, however, was negotiated down to P500,000 with the money being delivered by the family driver during a police-monitored drop in Quezon City.
In its ruling, the Supreme Court gave weight to the decisions of the Quezon City RTC and the appellate court that the denials of the accused were “unsubstantiated” and “inherently weak and crumble.”
40-year jail term
With the high tribunal’s dismissal of the appeal, Jose Olbato, then Police Officer 3 Clayton Patingan, Jaime Tolevas, Romeo Aruta, Rodrigo Aruta, Alberto Culanag and Edwin Castillo were sentenced to up to 40 years in prison without eligibility for parole.
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They were also ordered to pay a total of P300,000 in civil indemnity as well as moral and exemplary damages, with an interest of 6-percent per annum until the amount is fully paid. —WITH A REPORT FROM FRANCES AGBAYANI