PEOPLE V.

DELIM
G.R. No. 142773 January 28, 2003
CALLEJO, SR., J.:

FACTS:
The accused Marlon, Manuel and Robert Delim who are brothers along with their nephew Leon
and Ronald, barged into the house of Modesto Bantas, the adopted brother of the accused.

Each of the three intruders was armed with a short handgun. Marlon poked his gun at Modesto
while Robert and Ronald simultaneously grabbed and hog-tied the victim. The, the three herded
Modesto out of the house leaving the armed Leon and Manuel who left only the next day.

As soon as Leon and Manuel had left, Randy sought for help to find his father. After four days,
they finally found Modesto dead under thick bushes in a grassy area, already bloated and in the
state of decomposition.

They were found guilty of murder and were sentenced to death.

ISSUE:
Whether or not the acts of the accused constitute kidnapping.

RULING:
No. It does not constitute kidnapping.
In determining what crime is charged, specific intent must be determinative which is the
particular purpose or specific intention in doing the prohibited act.

In this case at bar, it is evident that the specific intent of the malefactors in barging into the
house of Modesto was to kill him. The act of the malefactors of abducting Modesto was merely
incidental to their primary purpose of killing him.

The Court ruled that since treachery and abuse of superior strength were not clearly proven by
the prosecution, Marlon, Ronald and Leon are guilty only of homicide. However, Manuel and
Robert is at large.