Spouses George and Desiree Lim

have 3 children; one of them is 10

year old
Christopher. On September 4,
1994, their maid was in their
kitchen when someone
knocked. She opened the door
thinking that it was Fernando
Cortez, their security guard.
Instead, 4 masked men armed with
handguns and grenades barged in.
Fernando was
with them with his arms tied
behind his back. The men asked
the maid to knock at the
bedroom where the family was.
One of the men was left in the sala
while the 3 others
went into the bedroom and
informed the Lims that nobody
will get hurt if they are given
what they want. They took money
and valuables. They gave Desiree a
note and took
with them George and Christopher.
One of the men asked George for
the key to his
Nissan car and they asked George
and his son to occupy the backseat
of the car. 2 of
the men sat on either side of the
Lims and one occupied the
passenger seat beside the
driver. After about 15 minutes at
Sitio Tupi, the 3 men alighted with
Christopher and
George was transferred to the front
seat beside the driver. He was told
that he will be
brought to Maasim.
 The police were informed of
what happened. They established a
mobile checkpoint.
When the driver of the Nissan saw
the checkpoint 30 meters ahead, he
stopped
removed his mask and told George
not make any false move. The
police questioned
them. George told them that his
name is Albert Lim for fear of the
driver, Michael
Pagalasan. The police noticed that
George is trembling. They got
Pagalasan out of the
car and George identified himself.
They saw a handgun and grenade
when they
searched the car. They were taken
to the police station where the
security guard was
being investigated.
 On Sept 5, 1994, in his
extrajudicial confession, Michael
said that he with 3 others,
Aladin, Ferdinand (a muslim) and
Bong (resident of Purok Islam)
kidnapped the Lims
upon the order of Aladin‘s brother,
Ronnie Cabalo. (Note: He
withdrew this confession
saying he was forced and
intimidated into making it and he
was not provided with
counsel of his own choice during
custodial investigation). Because
of this confession,
farmer Hadji Aladin Malang
Cabalo, Ronie Puntuan and
Fernando Quizon were arrested
and detained at Camp Fermin Lira
Barracks, General Santos City.
 The following day, the Lim’s
received a letter, supposedly‖ from
the kidnappers, ordering
the release of Michael and Ronnie
Puntuan, for they are said to be
innocent, and asking
for 3M pesos for the release of
Christopher. Three days after, the
Lim’s received another
letter signed by Mubarak II or 2
(same sign as the note given by the
masked men). It
says that they don‘t want the
military to be involved neither to
prejudice innocent people.
They demanded the release of
Ronnie Putuan in 3 days or their
son would not be
released alive. Then, the morning
of the following day, Christopher
was rescued by
police without any ransom being
paid.
Spouses George and Desiree Lim
have 3 children; one of them is 10
year old
Christopher. On September 4,
1994, their maid was in their
kitchen when someone
knocked. She opened the door
thinking that it was Fernando
Cortez, their security guard.
Instead, 4 masked men armed with
handguns and grenades barged in.
Fernando was
with them with his arms tied
behind his back. The men asked
the maid to knock at the
bedroom where the family was.
One of the men was left in the sala
while the 3 others
went into the bedroom and
informed the Lims that nobody
will get hurt if they are given
what they want. They took money
and valuables. They gave Desiree a
note and took
with them George and Christopher.
One of the men asked George for
the key to his
Nissan car and they asked George
and his son to occupy the backseat
of the car. 2 of
the men sat on either side of the
Lims and one occupied the
passenger seat beside the
driver. After about 15 minutes at
Sitio Tupi, the 3 men alighted with
Christopher and
George was transferred to the front
seat beside the driver. He was told
that he will be
brought to Maasim.
 The police were informed of
what happened. They established a
mobile checkpoint.
When the driver of the Nissan saw
the checkpoint 30 meters ahead, he
stopped
removed his mask and told George
not make any false move. The
police questioned
them. George told them that his
name is Albert Lim for fear of the
driver, Michael
Pagalasan. The police noticed that
George is trembling. They got
Pagalasan out of the
car and George identified himself.
They saw a handgun and grenade
when they
searched the car. They were taken
to the police station where the
security guard was
being investigated.
 On Sept 5, 1994, in his
extrajudicial confession, Michael
said that he with 3 others,
Aladin, Ferdinand (a muslim) and
Bong (resident of Purok Islam)
kidnapped the Lims
upon the order of Aladin‘s brother,
Ronnie Cabalo. (Note: He
withdrew this confession
saying he was forced and
intimidated into making it and he
was not provided with
counsel of his own choice during
custodial investigation). Because
of this confession,
farmer Hadji Aladin Malang
Cabalo, Ronie Puntuan and
Fernando Quizon were arrested
and detained at Camp Fermin Lira
Barracks, General Santos City.
 The following day, the Lim’s
received a letter, supposedly‖ from
the kidnappers, ordering
the release of Michael and Ronnie
Puntuan, for they are said to be
innocent, and asking
for 3M pesos for the release of
Christopher. Three days after, the
Lim’s received another
letter signed by Mubarak II or 2
(same sign as the note given by the
masked men). It
says that they don‘t want the
military to be involved neither to
prejudice innocent people.
They demanded the release of
Ronnie Putuan in 3 days or their
son would not be
released alive. Then, the morning
of the following day, Christopher
was rescued by
police without any ransom being
paid.
PEOPLE OF THE PHILIPPINES vs. MICHAEL U. PAGALASAN

G.R. Nos. 131926 & 138991     June 18, 2003

CALLEJO, SR., J.:

FACTS:
Spouses George and Desiree Lim had 3 children, one of whom is
Christopher. They resided in Villa Consuelo Subdivision in General
Santos City. They hired a security guard, Ferdinand Cortez. On Sept. 4,
1994, around 11 pm, 4 armed men barged into their house through the
kitchen door. The intruders all wore bonnets and when they entered
through the kitchen door, they dragged security guard Ferdinand wit them
with his hands tied. The men barged into the bedroom of the spouses
Lim. They demanded that the spouses cooperate with their demands if
they didn’t want to get hurt. They ransacked the house, got cash and other
valuables.
Thereafter, the men gave wife Desiree a handwritten note. The
note threatened the spouses not to get the military involved and that they
will be getting in touch with the couple soon. The men demanded that
George give them the key to the car. He complied. The men dragged
George and one of his children, Christopher, to the car. The men drove
along the national highway and blindfolded George and Christopher.
After some time driving, the car stopped at Sitio Tupi and 2 of the men
alighted bringing with them Christopher. Then the driver again started
the car to transport George to Maasim. Meanwhile, the police were
informed of the kidnapping and policemen were dispatched
for investigation and set up a checkpoint. The masked driver with George
halted when he saw the checkpoint, switched off the headlights and took
off his mask. The driver turned out to be the appellant in this case,
Michael Pagalasan. The policemen approached the car, indentified
themselves and asked for the passengers’ names. Although George gave a
false name, the policemen saw his hands were shaking and they
opened the door of the car. They arrested Pagalasan and inspected the
vehicle, finding a handgun and a grenade.At the police station,
Pagalasan was placed under custodial investigation. It is said that the
police inquired if Pagalasan wanted to execute an affidavit and if he knew
a lawyer. Pagalasan said he wanted to and that he didn’t knew any
lawyer. Thereafter, Atty. Falgui was called upon to help him execute the
affidavit. He gave his confession thereafter with assistance of Atty.
Falgui. He admitted that he, together with the others, including
Ferdinand (security guard) planned the kidnapping.
Thereafter, the men that Pagalasan mentioned in his confession
were arrested. The men holding Christopher learned about this and
stated that the people named and arrested were innocent and weren’t
involved. They also asked for a 3 million ransom. The following
morning however, the policemenwere able to rescue Christopher
without paying the ransom money. Pagalasan was thereafter charged with
kidnapping for ransom. However, after a few days, he substituted his
counsel Atty. Falgui with Atty. Fontanilla. Pagalasan retracted his
extrajudicial confession, saying that he was tortured and held at gun
point when he executed it and that he wasn’t assisted by counsel of his
choice. As a defense, Pagalan says that at the time of the incident, he
was riding a tricycle which stopped near the Lim house. He saw the
masked men who saw him as well. He alleges that the men poked their
guns at him and forced him to participate in the kidnapping and he
was designated as the driver. He further claims that he was tortured to
force him to write the confession and that he was mauled. The cases
filed against Pagalasan are illegal possession of fire arms and
kidnapping for ransom AND serious illegal detention. He was acquitted
for possession and was convicted for kidnapping.

ISSUES:
1. Whether or not the appellant is guilty of kidnapping and conspiring
with co accused.

RULING:
Pagalasan is convicted of only kidnapping, not kidnapping with ransom,
the latter being punishable with death.

In this case, the evidence on record inscrutably shows that the appellant
and his three cohorts were armed with handguns; two of them had hand
grenades, and all of them had masks over their faces. They gained entry
into the Lim residence after overpowering the security guard

Ferdinand and the housemaid Julita, and tying their hands behind their
backs. One of the masked men remained in the sala, while the three others
barged into the bedroom of George and Desiree, and kidnapped George
and his ten year-old son Christopher. The appellant and his cohorts
forced father and son to board George’s car. The appellant drove the
car, dropped off Christopher and his cohorts at Sitio Tupi, and drove on
with George in the car towards the direction of Maasim. The collective,
concerted and synchronized acts of the appellant and his cohorts
before, during and after the kidnapping constitute indubitable proof
that the appellant and his three companions conspired with each
other to attain a common objective: to kidnap George and
Christopher and detain them illegally. The appellant was a principal by
direct participation in the kidnapping of the two victims.
PEOPLE vs. DANILO CARAANG
G.R. Nos. 148424-27 December 11, 2003
PANGANIBAN, J.
FACTS:

About 11 o’clock on the night of November 10, 1990, the group of Vanelyn
Flores, Lorna Salazar, Angeline Flores, Jona Ampil, Gina Canzon, Froilan
Galamay, Jimmy Pascual and Tirso Ganzon were on their way home to
Sitio Abibeg, Gen. Luna, Carranglan, Nueva Ecija. The group had just
attended a ‘bangsal-bangsal’ or a pre-nuptial dance at Barangay Dipaan,
Caranglan, Nueva Ecija. Reaching the boundary of Abibeg and Dipaan, the
group was accosted by two (2) armed men. Brandishing their guns, the
men ordered the group to follow them. The two (2) armed men wore
bonnets. However, Vanelyn Flores recognized one of them as appellant
Danilo Caraang, having known him for a long time since they were
neighbors in the same barangay and because of the peculiar way he walked
and stood. Jimmy Pascual likewise recognized the two armed men as
appellant Danilo Caraang and Virgilio Canlas. The group was forced to
walk through rice paddies till they reached an uninhabited and grassy
place near a creek or ‘parang,’ approximately 500 meters away from the
place where they were waylaid.
 Around 4 o’clock in the morning, the group was released at the
place where they were abducted. Before departing, the armed men
threatened the group thus ‘pag nagsumbong kayo, papatayin naming kayo
lahat.’ Vanelyn Flores and her sister Angeline, together with Lorna Salazar,
arrived at their house crying. They narrated to Vanelyn’s parents all about
the incident.

ISSUES:

1. Whether or not the trial court erred in finding that there was
conspiracy.

RULING:

No. There is no doubt that appellant and his co-accused acted in

conspiracy, as seen through their concerted actions in abducting the
victims with lewd design and later on raping them.

Direct proof is not essential to establish conspiracy; which may be inferred

from the acts of the assailants before, during and after the commission of
the crime. In a conspiracy, it is not necessary to show that all the
conspirators actually committed all the elements of the crime charged;
what is important is that all of them performed specific acts with such
closeness and coordination as to indicate an unmistakably common
purpose or design to commit the crime

After appellant had satisfied his own lust and later aided his companion in
raping Flores, the evidence indicates that he and his co-accused intended to
commit rape again -- which they actually accomplished -- this time on
Salazar. He was also involved in her forcible abduction with rape, as it was
again he who took her away from her group and handed her over to one of
his co-accused. The pattern of the rapes committed and the indispensable
role of appellant therein is clear. Any intimation that he had nothing to do
with them would be nothing less than unbelievable. In view of the
presence of conspiracy, all the co-accused bear equal responsibility.

EVANGELINE LADONGA VS. PEOPLE OF THE PHILIPPINES

GR NO. 141066, FEBRUARY 17, 2005

AUSTRIA-MARTINEZ, J.:

FACTS:

In 1989, spouses Adronico and Evangeline Ladonga, petitioner,

became the regular customer of Alfredo Oculam in his pawnshop.
Sometime in May 1990, the Ladonga spouses obtained a loan from him,
guaranteed by check of United Coconut Planters Bank, issued by Adronico.
On last week of April 1990 and during the first week of May 1990 the
spouses obtained additional loan guaranteed by UCPD. And between May
and June 1990, the spouses obtained the third loan guaranteed by UCPD.
The three checks bounced upon presentment for the reason that the
account was closed. When the spouses failed to redeem the check, despite
repeated demands, Oculam filed a criminal complaint against them.

While admitting that the checks issued by Adronico bounced because

there was no sufficient deposit or the account was closed, the spouses claim
that the checks were issued only to guarantee the obligation, with an
agreement that Oculam should not encash the checks when they mature,
and, that petitioner is not a signatory of the checks and had no
participation in the issuance thereof.

ISSUE:

1. Whether or not the petitioner, who was not the issuer of the three
checks that bounced, could be held liable for violation of Batas
Pambansa Bilang 22 as conspirator.

RULING:

NO, petitioner is not liable for violation of Batas Pambansa Bilang 22 as

conspirator.

Article 8 of the Revised Penal Code provides that “a conspiracy exists

when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.” To be held liable guilty as
co-principal by reason of conspiracy, the accused must be shown to have
perform an overt act in pursuance or furtherance of the complicity.

It was not proven by direct evidence; petitioner was merely present at the
time of the issuance of the checks. However, this inference cannot be
stretched to mean concurrence with the criminal design. Conspiracy must
be established, not by conjectures, but by positive and conclusive evidence.