People vs Mamantak

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People vs Mamantak
G.R. No.174659
July 28, 2009

Facts:

At about 3:00 p.m. on December 13, 1999, Teresa went with her son XXX and her elder sister Zenaida to a McDonald’s outlet in the KP Tower in Juan Luna St., Binondo, Manila. Teresa and son looked for a vacant table while Zenaida proceeded to order their food. Shortly after Teresa took her seat, XXX, a two-year old minor, followed Zenaida to the counter. Barely had XXX gone from his mother’s sight when she realized that he had disappeared. She and her sister frantically looked for him inside and outside the premises of the fast food outlet, to no avail. As their continued search for the child was futile, they reported him missing to the nearest police detachment.

The following day, Teresa went to several TV and radio stations to inform the public of the loss of Christopher and to appeal for help and information. On February 25, 2001, Teresa received a call from a woman who sounded like a Muslim. The caller claimed to have custody of XXX and asked for P30,000 in exchange for the boy.

On March 27, 2001, the same Muslim-sounding woman called and instructed Teresa to get a recent photo of her son from the Jalal Restaurant at the Muslim Center in Quiapo, Manila. True enough, when Teresa went there, someone gave her a recent picture of XXX. She then contacted the mysterious woman through the cellphone number the latter had previously given her. When the woman instructed her to immediately board a ship for Mindanao, Teresa reasoned that she had not raised the ransom money yet. They then agreed to conduct the pay off in the morning of April 7, 2001 at Pitang’s Carinderia in Kapatagan, Lanao del Norte.

Teresa sought the help of the Presidential Anti-Organized Crime Task Force (PAOCTF). A team was formed and Police Officer (PO)3 Juliet Palafox was designated to act as Teresa’s niece. Together with the PAOCTF team, Teresa left for Mindanao on April 4, 2001. On April 7, 2001, they arrived in Iligan City and proceeded to the designated meeting place.

At around 8:30 a.m., while Teresa and PO3 Palafox were waiting at Pitang’s Carinderia, two women came. They were Raga Sarapida Mamantak and Likad Sarapida Taurak. Mamantak approached Teresa and PO3 Palafox and asked who they were waiting for. Teresa replied that they were waiting for a certain Rocma Bato, the name written at the back of the picture she received in Jalal Restaurant in Manila. She showed the photo to Mamantak who stated that she knew Bato. Mamantak then told Teresa that she would ask a cousin of Bato if the latter was already in Kapatagan. Mamantak turned to Taurak, supposedly the cousin of Bato. Taurak came near Teresa and PO3 Palafox and informed them that she had XXX. Taurak asked Teresa and PO3 Palafox to come with her but they refused. Taurak reluctantly agreed to leave Mamantak with them while she fetched Christopher.

Several hours later, in the afternoon of the same day, Taurak returned and told Teresa that Christopher was in a nearby ice plant. She asked Teresa to go with her but the latter insisted on their agreement that the boy be handed over at the carinderia. Taurak relented, left and came back after several minutes with XXX.

Upon seeing her son, Teresa cried and embraced him. However, the child was unmoved. He no longer recognized nor understood her for he could only speak in the Muslim dialect. When asked who he was, the boy gave a Muslim name with “Taurak” as surname.

Mamantak and Taurak interrupted Teresa and demanded the ransom money. She answered that her niece had it and pointed to PO3 Palafox. Thereafter, Mamantak and PO3 Palafox boarded a jeepney which was parked outside, under Taurak’s watchful eyes. Inside the jeepney, PO3 Palafox handed the ransom money to Mamantak. At this juncture, PO3 Palafox gave the pre-agreed signal and the PAOCTF team then closed in and arrested Mamantak and Taurak.

XXX relearned Tagalog after a month and gradually began to forget the incident. On the other hand, Teresa almost lost her sanity. At the time Christopher was kidnapped, she was pregnant with her third child. The child, born very sickly, eventually died. The sisters Mamantak and Taurak were charged with kidnapping for ransom.

Issue:

Whether the two accused are guilty of violating the crime of Kidnapping for Ransom under Article 267 of the RPC, as amended by RA No. 7659?

Held:

After evaluating the respective evidence of the parties, the trial court rendered a decision on November 30, 2004 finding Taurak and Mamantak guilty as charged. Both accused LIKAD SARAPIDA TAURAK and accused RAGA SARAPIDA [MAMANTAK] GUILTY beyond reasonable doubt of the crime of Kidnapping for Ransom as amended by RA No. 7659 and both are hereby sentenced to suffer the penalty of RECLUSION PERPETUA. Both accused are hereby jointly and severally ordered to pay the Christopher Basario represented by the mother, [Ma.] Teresa Basario the amount of PHP50,000.00 as compensatory damages and PHP50,000.00 as moral damages. With costs against the accused.

The essence of the crime of kidnapping is the actual deprivation of the victim’s liberty coupled with the intent of the accused to effect it. It includes not only the imprisonment of a person but also the deprivation of his liberty in whatever form and for whatever length of time.[11] And liberty is not limited to mere physical restraint but embraces one’s right to enjoy his God-given faculties subject only to such restraints necessary for the common welfare.

Ransom means money, price or consideration paid or demanded for the redemption of a captured person that will release him from captivity. No specific form of ransom is required to consummate the felony of kidnapping for ransom as long as the ransom is intended as a bargaining chip in exchange for the victim’s freedom. The amount of and purpose for the ransom is immaterial.

Taurak and Mamantak appealed to the Court of Appeals. However, the appeal is DENIED. In a decision dated March 31, 2006, the appellate court ruled that the trial court erred in not considering the demand for P30,000 as a demand for ransom. Such circumstance required the imposition of the death penalty. Thus, the appellate court affirmed the conviction of Taurak and Mamantak with modification amending the penalty from reclusion perpetua to death. Pursuant to Section 13, Rule 124 as amended by Administrative Matter No. 00-5-03-SC, the appellate court certified the case to this Court and accordingly ordered the elevation of the records.