People v Baldogo

Facts: Gonzalo Baldogo alias “Baguio” & Edgar Bermas alias “Bunso” were serving sentence in
the Penal Colony of Palawan. They were also serving the Camacho family who resides w/in the
Penal Colony. On Feb 22, 1996 Baguio & Bunso killed Jorge (14 y.o.) & abducted Julie (12 y.o.). They
brought Julie up to the mountains. During their trek Baguio & Bunso were able to retrieve their clothing
& belongings from a trunk which was located under a Tamarind tree. Once, they saw uniformed men
looking for Julie. However, accused-appellant hid Julie behind the tree. She wanted to shout but he
covered her mouth. Baguio left Julie in the mountains to fend for herself. Julie went to the lowlands &
there she asked for help from Nicodemus. Baguio/Baldogo denied killing Jorge and kidnapping Julie.

Issue: Whether or not the accused-appellant is guilty of special complex crime of kidnapping
with murder

Held:

No. The trial court convicted accused-appellant of two separate crimes and not the special
complex crime of kidnapping with murder or homicide under the last paragraph of Article 267
of the Revised Penal Code as amended by Republic Act 7659. There is no evidence that Jorge
was kidnapped or detained first by accused-appellant and Bermas before he was killed. The last
paragraph of Article 267 of the Code is applicable only if kidnapping or serious illegal detention
is committed and the victim is killed or dies as a consequence of the kidnapping or serious
illegal detention.