People vs.

Ong, 62 SCRA 174, January 30, 1975

FACTS: Ong, Quintos et.al killed Henry Chua and thereafter extorting money from his
family through the use of a ransom note, kidnapped and carried away Chua, initially by
means of a friendly gesture and later through the use of force, in an automobile, and later
after having taken him to an uninhabited place in Caloocan City, with the use of force
detained him and killed him in the following:  The accused after gagging and tying up Henry
Chua and repeatedly threatening him with death, assured him that if he would write and sign
a ransom note for the payment by his family of the sum of $50,000.00 (US), he would not be
killed and would be released upon receipt of the ransom money, but after said Henry Chua
agreed and did execute such a ransom note, he was again gagged and tied up by the accused,
and thereafter stabbed in the abdominal region, several times with an icepick, inflicting upon
him (Henry Chua) mortal wounds on his vital organs, which directly caused his death.

The trial court finds the accused GUILTY, beyond reasonable doubt of the crime of
Kidnapping with Murder with the following aggravating circumstances: (a) Evident
premeditation; (b) Grave abuse of confidence; (c) Nighttime; (d) Use of a motor vehicle;
(e) Use of superior strength; and (f) Cruelty."

ISSUE: WON the accused are guilty of the crime of kidnapping with murder with the said
aggravating circumstances.

HELD: IN VIEW OF ALL THE FOREGOING, the two accused-appellants Benjamin Ong
and Bienvenido Quintos are hereby found guilty beyond reasonable doubt of the crime of
murder with the attendant qualifying circumstance of treachery, and the aggravating
circumstances of evident premeditation and use of motor vehicle. These two circumstances
are offset by the mitigating circumstances of plea of guilty and one similar or analogous to
passion or obfuscation which are appreciated in favor of accused-appellant Benjamin Ong
who is hereby sentenced to reclusion perpetua. Justices Teehankee and Makasiar, however,
are of the opinion that the crime committed by the two accused-appellants Benjamin Ong and
Bienvenido Quintos is kidnapping with murder and that the kidnapping was conceived for the
purpose of extorting ransom, among other motives.  The members of the Court failed to
arrive at a clear consensus on the existence of the aggravating circumstances of "nighttime"
and "uninhabited place" (which Justice Barredo, in his concurring and dissenting opinion,
concluded do not obtain in this case).

EXTRA:

(a) Evident premeditation – it was clear that the frequent meetings of the accused at the
Barrio Fiesta in order to lay out the plan.
(b) Grave abuse of confidence is not present because there is no special relation of
confidence between the accused and the victim.
(c) Nighttime – separate from Treachery in this case
(d) Treachery – victim’s hands were tied at the time they were beaten
(e) Use of a motor vehicle – it is used in trailing, overtaking, and blocking the victim’s
car. It is also used in carrying the victim to the scene of the crime.
(f) Use of superior strength- when one acts with passion or obfuscation, one does not
take advantage of his superior strength.
(g) (f) Cruelty – There is no proof that the accused enjoyed and were delighted in killing
their victim slowly and gradually causing him unnecessary physical or moral pain.