THE Supreme Court (SC) ruled that the loss or nonpresentation of ransom money in court does not prevent a conviction for kidnapping for ransom if prosecutors prove the victim was abducted and held for payment.
In a Jan. 21 decision released on Tuesday, the SC's First Division affirmed the conviction of several accused in the 2004 kidnapping of a woman in Manila after rejecting their argument that the case failed because the P500,000 ransom was allegedly lost while in police custody.
"The fact that the P500,000 ransom was not presented in court does not negate the occurrence of the demand and payment," the tribunal said.
"The fact that the P500,000 ransom was not presented in court does not negate the occurrence of the demand and payment," the tribunal said.
The court said kidnapping for ransom is established once prosecutors prove the unlawful detention and the demand for ransom, regardless of whether the money is presented in evidence.
The accused — Jose A. Olbato, Jaime C. Tolevas, Romeo F. Aruta, Rodrigo F. Aruta, Alberto F. Culanag, Edwin I. Castillo and Clayton A. Patingan — were sentenced to reclusion perpetua without eligibility for parole and ordered to pay the victim P100,000 each in civil indemnity, moral damages and exemplary damages, plus legal interest. — Mark Joseph M. Sanchez.