PEOPLE OF THE PHILIPPINES vs. JAY GREGORIO

PEOPLE OF THE PHILIPPINES vs. JAY GREGORIO y AMAR @ “JAY,” ROLANDO ESTRELLA y RAYMUNDO @ “BONG,” DANILO BERGONIA y ALELENG @ “DANNY,” EFREN GASCON y DELOS SANTOS @ “EFREN,” RICHARD SALAZAR y GO @ “ERIC,” AND JOHN DOE

G.R. No. 194235          June 8, 2016

LEONARDO-DE CASTRO, J.

FACTS:

Between the period October 8 to 14, 2002 in Meycauayan, and Guiguinto both in Bulacan, Dingras, Laoag and Badoc, all in Ilocos Norte, the five accused-appellants, conspiring, confederating and mutually helping one another, with threats and intimidation, with the use of firearms did then and there, willfully, unlawfully and feloniously take, carry away and deprive JIMMY TING y SY, male, of his liberty against his will for the purpose of extorting money as in fact a demand for money in the amount of Fifty Million Pesos Philippine Currency (P50,000,000.00) was made as a condition for his release that the amount of One Million Seven Hundred Eighty Thousand Pesos (P1,780,000.00) ransom money was actually paid.

The RTC promulgated a Decision finding accused-appellants Jay, Rolando, and Ricardo guilty as principals and accused-appellants Efren and Danilo guilty as accomplices of the crime of kidnapping for ransom. According to the Court of Appeals, there was conspiracy among all five accused-appellants, thus, they should all be equally liable as principals for the crime of kidnapping for ransom.

ISSUE:

Whether the CA correctly ruled that all accused-appellants should be equally liable as principals.

RULING:

Yes. There is no cogent basis for us to overturn the finding by the Court of Appeals of conspiracy among all five accused-appellants and holding them all equally liable as principals for the crime of kidnapping for ransom.

                        
These acts were complementary to one another and were geared toward the attainment of a common ultimate objective. That objective was to extort a ransom of P50 million (which was later reduced to P1.780 million through bargaining by the victim's mother) in exchange for the victim's freedom. Based on the prosecution's evidence, each of the accused-appellants, plus Jojo, had intentional, direct, and substantial participation in Jimmy's kidnapping for ransom. Jimmy's abduction, his being taken to and holed up in a house in Ilocos Norte under guard, the ransom demand and negotiation, and finally, the ransom payout, which all happened in a span of six days, took planning and coordination among accused-appellants and Jojo. Accused-appellant Efren, in particular, was among the four men who abducted Jimmy in Meycauayan, Bulacan on October 8, 2002. Accused-appellant Efren also kept guard over Jimmy for six days in Dingras, Ilocos Norte. Therefore, accused-appellant Efren could not be a mere accomplice as his presence at the scene/s of the crime was definitely more than just to give moral support; his presence and company were indispensable and essential to the perpetration of the kidnapping for ransom.