People of the Philippines vs Baldogo

G.R. No. 128106-07 January 24, 2003

CALLEJO, SR., J.:

Facts
Gonzalo Baldogo the accused-appellant was an inmate of the Iwahig Prison and Penal Colony.
Baldogo was assigned with Bermas to be a domestic helper of the Camacho Family. Julio Camacho Sr. is
a security guard of the Ihawig Prison and Penal Colony. Julio have 4 children. One day two of Julio’s
children was left at home with the two convicted domestic helpers. After Julio left for a bible study, Julia
the 12 years old daughter of Julio went to their sala to study her assignment. Bermas called Julie saying
“Jul tawag ka ng kuya mo”. Julie ignored and after 5 minutes she heard a load yell coming from the
kitchen. When she came to the kitchen, she saw her 14 year-old brother Jorge sprawled and bloodied on
the ground. Julie then saw Bermas and Baldogo armed with bolo standing over Jorge. Julie ran but was
chased and caught by Bermas and Baldogo. Julie was then tied and a piece of cloth was then placed in her
mouth. Baldogo dragged Julie to the mountain where Bermas met them. The three proceeded to climb the
mountain and after six hours of walking made a rest. In the morning they continued to ascend the
mountain. Bermas and Baldogo told Julie that they will later set her free. Bermas left Baldogo and Julie,
still Baldogo did not set Julie free. Five days after her abduction, Julie was left alone by Baldogo who
then proceeded to Puerto Princesa City. Julie found a river and followed its course. She then found a
house to which she called for help. Nicodemus the owner of the house brought Julie to the Balsaham
where there are police officers. Thereafter, Julie found out that her brother died from the stabbed wounds.
The perpetrators were captured.
Balsaham on his defense stated that Bermas killed Jorge to avenge the maltreatment he suffered
from Julio Camacho Sr and that during the abduction of Julie, he protected her from Bermas. Gonzalo
Baldogo was then found guilty beyond reasonable doubt of the crime of murder for the death of Jorge and
the crime of kidnapping and serious illegal detention for kidnapping Julie. The case against Bermas was
dismissed due to his death. Baldogo appealed the decision of the court.

Issue
Whether Baldogo is guilty with the aggravating circumstance of treachery and a special
aggravating circumstance of quasi-recidivism.

Ruling
Yes, Baldogo is guilty with the aggravating circumstance of treachery and a special aggravating
circumstance of quasi-recidivism. The killing of Jorge was qualified by treachery. When Jorge was killed
by accused-appellant and Bermas, he was barely 14 years old. The Court has previously held that the
killing of minor children who by reason of their tender years could not be expected to put up a defense is
attended by treachery. In the light of the quasi-recidivism, the appellant is alleged to have committed
murder and kidnapping while serving sentence in the penal colony by final judgment for the crime of
homicide.
The decision of the Regional Trial Court was the affirmed and modified by the Supreme Court.