05 People v.
Roxas The penalty shall be death where the kidnapping or detention was
G.R. No. 172604 | 17 Aug 2010 | Art. 267, RPC | Santos
PETITIONER: People of the PH
RESPONDENT: Venancio Roxas y Arguelles
RECIT-READY: [please read facts] The SC ruled that the trial court did not err
in convicting appellant of the crime of kidnapping and serious illegal detention.
In this case, the evidence shows that Agnes was deprived of her liberty in the
manner provided under pars. 2 (simulating public authority) and 4 (the victim
was a female) of Art. 267. It is likewise shown that the commission of
frustrated murder as qualified by treachery and evident premeditation was
presented. The prosecution demonstrated that Gungon and Roxas indeed
planned to kill her from the time they took the car. As to the penalty, the
crime of kidnapping and serious illegal detention has been correctly
complexed with frustrated murder. In a complex crime, the penalty for the
most serious crime shall be imposed, the same to be applied in its maximum
period. Since the kidnapping and serious illegal detention is the more serious
crime, the proper penalty under Art. 267 of the RPC shall be applied in its
maximum period; thus the penalty should be death. However, reclusio
perpetua shall be imposed in light of RA 9346 or the Anti-Death Penalty Law.
In this case, Agnes did not actually die and was saved by medical
intervention. The special complex crime under Art. 267 will only operate when
the “xxx victim dies as a consequence of the detention.”
DOCTRINE: Art. 267. Kidnapping and serious illegal detention. – Any
private individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty of reclusion perpetua to
death:
1. If the kidnapping or detention shall have lasted more than
five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted
upon the person kidnapped or detained; or if threats to kill
him shall have been made.
4. If the person kidnapped or detained shall be a minor, female
or a public officer.
committed for the purpose of extorting ransom from the victim or any
other person, even if none of the circumstances above-mentioned
were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention
or is raped, or is subject to torture or dehumannizing acts, the
maximum penalty shall be imposed. (As amended by Sec. 8, RA No.
7659)
FACTS:
1. On 12 January 1994, 3:00PM, Agnes Guirindola, while cruising
along Panay Avenue, QC on board a Red Nissan Sentra. She was
suddenly flagged down by a man wearing a PNP reflectorized vest.
- The man walked in front of her and told her it was a one
way street. She identified the man in open court as
appellant Roxas.
- Roxas handed her a piece of paper which she was asked
to sign, and Agnes pretended to sign the same by making
a check thereon. He took her driver’s license.
- She was asked to open the door of the car so that she
should show her the one-way sign and the other traffic
aide at the corner of the street. Agnes let Roxas enter her
car, and instructed her to drive to a corner.
- Upon returning the driver’s license, Roxas immediately
switched off the engine and poked a gun at her saying,
“Miss, kailangan ko ang kotse mo.”
2. After a while, Roxas opened the rear door and then someone
boarded the car. Agnes identified him as Roberto Gungon, who
brought Agnes to the backseat, held her on the shoulder with one
hand and her leg with the other.
- He told Roxas, “Boss, dalhin na natin siya sa dati, doon
na natin siya i-s.” Agnes became more frightened as she
understood what the lingo meant, which was for salvage.
- She was forced multiple times to drink and eat, but Agnes
refused to do so as she saw the accused place tablets
inside the drink.
 - Agnes felt dizzy and lost consciousness. When she woke
up, she found her jewelries consisting of bracelets,
earrings, necklace and a watch worth Php30,000-40,000,
and her shoes were already gone.
- She asked the men to relieve herself. Gungon then led
Agnes to a nearby grassy area where Agnes relieved
herself.
- As she was about to get up and return to the car, she saw
white sparks at her right side and she fell down. She saw
Roxas walking back towards the car with a gun in hand.
She lost consciousness.
3. When Agnes regained consciousness, she was all alone. She
followed a “sparking light” that led her to small house.
- She saw 2 children and a teenager, and asked for their
help but they ran away. She asked help also from a lady
standing at the stairs carrying a baby, but the lady just
locked herself inside the room.
- Agnes lied down on the sofa. Only then did she notice that
blood was profusely oozing from her face and there were
holes in the left side of her neck and right cheek.
4. Agnes heard a vehicle arrive and voices saying, “May taong
duguan sa loob ng bahay, tulungan natin siya.”
- She was then brought to Batangas Regional Hospital,
where she was treated and operated on for 43 days.
5. NBI agents conducted the investigation. During a police line-up,
Agnes positively identified Gungon. Gungon and Roxas were
subsequently arrested.
6. RTC found Roxas guilty of Kidnapping and Serious Illegal
Detention with Frustrated Murder, Carnapping, and Theft.
Appellant’s co-accused was found guilty of the same charges.
7. Roxas challenged the RTC judges neutrality, arguing that the RTC
was already predisposed to convict him even before trial.
ISSUE(S): 1. W/N the trial court erred in convicting appellant of Art.
267? NO
RULING:
1. The SC ruled that the trial court did not err in convicting appellant of
the crime of kidnapping and serious illegal detention. Art. 267 of the
RPC provides:
Art. 267. Kidnapping and serious illegal detention. – Any
private individual who shall kidnap or detain another, or in any
other manner deprive him of his liberty, shall suffer the penalty
of reclusion perpetua to death:
5. If the kidnapping or detention shall have lasted more than
five days.
6. If it shall have been committed simulating public
authority.
7. If any serious physical injuries shall have been inflicted
upon the person kidnapped or detained; or if threats to kill
him shall have been made.
8. If the person kidnapped or detained shall be a minor,
female or a public officer.
The penalty shall be death where the kidnapping or detention was
committed for the purpose of extorting ransom from the victim or
any other person, even if none of the circumstances above-
mentioned were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention
or is raped, or is subject to torture or dehumannizing acts, the
maximum penalty shall be imposed. (As amended by Sec. 8, RA
No. 7659)
In this case, the evidence shows that Agnes was deprived of her
liberty in the manner provided under pars. 2 and 4 of Art. 267.
2. It is likewise shown that the commission of frustrated murder as
qualified by treachery and evident premeditation. The prosecution
demonstrated that Gungon and Roxas indeed planned to kill her
from the time they took the car. (She was made to drink soft drinks
with tablets; they mentioned that she will be salvaged.)
It is evident that the commission of the killing, although frustrated,
was formed from the moment the accused took the victim in QC
until she was ultimately “executed” in Batangas.
3. As to the penalty, the crime of kidnapping and serious illegal
detention has been correctly complexed with frustrated murder.
In a complex crime, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period. Since the
kidnapping and serious illegal detention is the more serious crime,
the proper penalty under Art. 267 of the RPC shall be applied in its
maximum period; thus the penalty should be death.

However, in light of RA 9346 or the Anti-Death Penalty Law, the

imposition of reclusio perpetua instead for death shall be imposed.

In this case, Agnes did not actually die and was saved by medical
intervention. The special complex crime under Art. 267 will only
operate when the “xxx victim dies as a consequence of the
detention.”