People v. Muit
Short Description
CRIM...
Description
PEOPLE OF THE PHILIPPINES v. MILLANO MUIT, MUIT, et al. G.R. No. 181043, 8 October 2008, SECON I!ISION "T#$%&, J .' .' Joseph Ferraer Ferraer (Ferraer) (Ferraer) was introduced introduced by his relative, relative, Orestes Orestes Julaton (Julaton), to Sergio Pancho, Sr. (Pancho, Sr.), Sergio Pancho, Jr. (Pancho, Jr.), Rolando Deuillo (Deuillo), and !our other "en. #ll the "en arrived at Ferraer$s house in %atangas e&pressing their intent to use his house as a sa!ehouse !or their 'visitor. Ferraer was hesitant at rst but he was told not to worry because they are not *illers and their line o! wor* is *idnap !or ranso". Ferraer Ferraer was also assured that the "oney they would get would be divided eually a"ong the". Ferraer and Pancho, Sr. would guard their victi". +ater, +ater, ve other "en ca"e. One o! the" the" was uit. Ro"eo Pancho (Ro"eo) served as the group$s in!or"ant. One day, Ro"eo in!or"ed the" o! the presence o! the victi" in the construction site. Roger Seraspe (Seraspe), the victi"$s driver, drove the latter in a Pa-ero to the construction site together with one engineer. engineer. he victi" and the engineers alighted the Pa-ero. /n the construction site, the engineers and Seraspe were threated with a gun to lie prostate on e ground. Seraspe witnessed witnessed as the victi" was ta*en away in the Pa-ero. Pa-ero. Seraspe Seraspe i""ediately i""ediately reported the incident to the police. he police then barricaded several roads leading to +ipa whereupon they caught the Pa-ero. #n e&change o! gunshots too* place, the victi" was one o! the the casualties, while while uit escaped escaped but was subseuently subseuently apprehended. %ased on the !oregoing, two separate in!or"ations charged uit et al. with *idnapping !or ranso" with ho"icide and carnapping. he Regional rial 0ourt (R0) rendered -udge"ent declaring uit, Pancho, Jr., Deuillo, and Ro"eo uilty. he 0ourt o! #ppeals (0#) a1ir"ed the decision o! the R0 on appeal. ISSUE( 2hether or not the R0 erred in nding the" guilty beyond reasonable doubt o! the charges against the" HEL( Petition ENIE. ENIE. he cri"es o! *idnapping and serious illegal detention are the !ollowing3 (a) the accused is a private individual4 (b) the accused *idnaps or detains another, or in any "anner deprives the latter o! his liberty4 (c) the act o! detention or *idnapping is illegal4 and (d) in the co""ission o! the o1ense, any o! the !our circu"stances circu"stances "entioned in #rticle 567 is present. he essence o! the cri"e o! *idnapping is the actual deprivation o! the victi"$s liberty, coupled with indubitable proo! o! intent o! the accused to e1ect the
sa"e. he totality o! the prosecution$s evidence in this case established the co""ission o! *idnapping !or ranso" with ho"icide. On the other hand, Republic #ct 8o. 69:;, or the #nti
View more...
Comments