G.R. No. 227425 - THE PEOPLE OF THE PHILIPPINES, V. BRAHIM LIDASAN, NHOKIE MOHAMAD, ROCKY MOCALAM, TENG USMAN, ALI MATOC, MUSLIMEN WAHAB, JIMMY ALUNAN, ROWENA AMAL RAJID, ACCUSED, OMAR KAMIR, ALEX DALIANO, AND BAYAN ABBAS ADIL ALIAS "JORDAN," ACCUSED-.

Ruling

accordingly, upheld the conviction of, inter alia , accused-appellants Omar Kamir (Kamir), Alex Daliano, and Bayan Abbas Adil alias "Jordan" (Adil; collectively, accused-appellants) for Kidnapping for Ransom as defined and penalized under Article 267 of the Revised Penal Code (RPC), as amended. The Facts The instant case stemmed from an Information [4] filed before the RTC charging accused-appellants, along with co-accused Brahim Lidasan (Lidasan), Nhokie Mohamad (Mohamad), Rocky Mocalam (Mocalam), Teng Usman (Usman), Ali Matoc (Matoc), Muslimen Wahab (Wahab), Jimmy Alunan (Alunan), Rowena Amal Rajid (Rajid), Sofia Hassan (Hassan), Saimona Camsa (Camsa), Sumulong Lawan (Lawan), Tadioden Bauting (Bauting), Roy Bansuan (Bansuan), and Alvin Diang (Diang) of the crime of Kidnapping for Ransom, the accusatory portion of which reads: That on or about October 30, 1998 at around 10:00 o'clock in the evening and sometime subsequent thereto, in the City of Las Piñas, Philippines, and within the jurisdiction of this Honorable Court, above-named accused conspiring, confederating and helping one another, did then and there willfully, unlawfully and feloniously with the use of force and intimidation kidnap MICHELLE RAGOS for the purpose of extorting P30 million ransom, and where she was brought to two (2) safe-houses both situated at Las Piñas City, where she was detained and deprived of her liberty until she was finally rescued by the operatives of the Presidential Anti-Organized Crime Task Force on November 7, 1998 after the payment of P4.83 million. [5] Of the named-accused: ( a ) Diang was tried separately for having been arrested only on July 20, 2004; ( b ) Bansuan remained at large; ( c ) Bauting was discharged as a state witness; and ( d ) the rest pleaded not guilty to the charge. [6] The prosecution alleged that at around ten (10) o'clock in the evening of October 30, 1998, private complainant Michelle Ragos (Ragos) was in her family's office/residential compound at No. 5063 Modesto St., Mapulang Lupa, Valenzuela City which was being guarded by security guards Bauting and Daliano, when suddenly, Bansuan and two (2) companions entered her bedroom and declared " kidnapping ito ." Adil served as lookout, while the other men tied Ragos's hands, sealed her mouth with packaging tape, ransacked all the cabinets and drawers, and took with them cash and personal items amounting to P200,000.00. Ragos was first brought to Novaliches, Quezon City and, eventually, to a bungalow house located at No. 3 St. Joseph Street, St. Joseph Subdivision, Pulang Lupa, Las Piñas City where she spent the night. Thereat, around six (6) persons took turns guarding her, four (4) of whom she later identified as Adil, Kamir, Camsa, and Rajid. Between ten (10) and eleven (11) o'clock in the evening of the following day, October 31, 1998, she was transferred to a house located in Samantha Village, Las Piñas City, and kept in a room on the second floor alternately guarded by around ten