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Valenton, Francis Angelo T.

Criminal Law 2


People vs. Silongan (G.R. No. 137182)

Facts: The appellee is the People of the Philippines. The accused are Abdila Silongan,
Macapagal Silongan, etc. In the case at bar, businessmen Alexander Saldana went to Sultan
Kudarat along with three men to meet Macapagal Silongan. This is for the reason that Silongan
and company are interested on buying gold nuggets sold by the accused Silongan. They headed
then to the highway. Silongan then ordered the driver to stop. Suddenly, 15 armed men appeared.
Saldana and company were ordered to get out of the vehicle, and they were tied up and
blindfolded. They were taken to the mountain hideout in Maguindanao. The kidnappers then
demanded P15,000,000 for the release of the four hostages through a letter made by Saldana as
forced by the kidnappers. Seven days later, they were transferred to the town proper Magahoy.
The kidnappers learned that the military was looking for him thus making them to return to the
mountain hideout and move there to different places in Maguindanao. Five days later, on of the
persons guarding them released them to military in exchange of the delivery of ransom note.
Later on, eight accused where prosecuted and brought on trial for the crime they have
committed. All the accused came under the control of the government military authorities when
they surrendered as MILF and MNLF rebels, claiming voluntary surrender when certain Perry
Gonzales convinced them that the government would grant them amnesty. But it was no avail as
the RTC found the seven of the accused guilty for kidnapping with ransom.

Issue: Are the appellants guilty of kidnapping for ransom with serious illegal detention.

Held: The Supreme Court said that the appellants are guilty of kidnapping for ransom with
serious illegal detention. All the elements under Article 267 of the RPC were present. These are:
“(1) the offender is a private individual; (2) he kidnaps or detains another, or in any manner
deprives the latter of his liberty; (3) the act of detention or kidnapping must be illegal; and (4) in
the commission of the offense any of the following circumstances is present: (a) the kidnapping
or detention lasts for more than three days; (b) it is committed by simulating public authority; (c)
serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him
are made; or (d) the person kidnapped and kept in detained is a minor, the duration of his
detention is immaterial.” Also, the crime committed, not being politically motivated is not
absorbed in the crime of rebellion.