VS. DANIEL MALUENDA ALIAS “DONGKOY”; GIL BUENO; RAUL MONDAGA ALIAS

Ruling

WHEREFORE, consistent with all the foregoing findings, this Court finds all the accuseds [sic], namely, Raul Mondaga, alias Bobong Gonzaga, 21 years old, single, driver by occupation, as alleged, and resident of Tagongon, Tagbina, Surigao del Sur; Rodrigo Legarto alias Rudy, 37 years old, married to Magdalena C. Legarto, gas man of the bankrupt Lianga Bay Logging Co., Inc. and a resident of New Highway, Purok III, Diatagon, Lianga, Surigao del Sur and Daniel Maluenda, Alias Commander Dongkoy, 22 years old, single, and a farmer and goldminer, and resident of Purok 1, Barobo, Surigao del Sur, all guilty beyond reasonable doubt as co-principals of the crime of Kidnapping for Ransom, defined and penalized under the last paragraph of Article 267 of the Revised Penal Code as charged in the Information, and are hereby sentenced to suffer the penalty of reclusion perpetua , with all the accessory penalties provided by law, and to restitute to the private complainants, Engr. Miguel E. Resus and Dra. Bernardita R. Resus, jointly and severally, the amount of P 200,000.00 corresponding to the aggregate of the money in cash and medicines extorted as per the demand of the accuseds [sic] and given by the kidnap victims wife, including the subject motorcycle which has been paid for by the victims ransom money; (Exh. E) with the down payment as per agreement advanced by the couple Resus for a total cost price of P 46,895.00 (Exh. F) and to pay the costs. Immediately after promulgation of this decision, so as not to render the sentence imposed ineffectual with respect to accused Rodrigo Legarto, alias Rudy, the bail bond posted for his provisional release is hereby cancelled and said accused ordered committed to the custody of the Provincial Warden of Surigao del Sur at Tandag, Surigao del Sur, preparatory to the service of his sentence. In the service of this sentence, all the accused are ordered immediately turned over to the custody of the Director, Bureau of Corrections, at Muntinlupa, Metro Manila, pursuant to the mandate of Supreme Court Circular No. 4-92-A dated April 20, 1992. Finally, let [an] alias warrant of arrest issue against accused Gil Bueno for distribution to the different investigative and law-enforcement agencies of the Government for their possible execution and return, and hereby consigning this case, with respect to said GIL BUENO, to the ARCHIVES to be reinstated to the active files of criminal cases upon his arrest. In view of the penalty imposed, Legarto, Maluenda and Mondaga interposed this appeal directly before this Court. [6] However, on March 30, 1995, Mondaga withdrew his appeal. [7] Hence, this Court will now pass upon the criminal liability of Legarto and Maluenda only. The Facts Version of the Prosecution In the Appellees Brief, the solicitor general presents the following narration of the kidnapping: [8] On August 19, 1992 at around 9:45 in the evening, Engr. Miguel E. Resus (Engr. Resus) and his wife, Dr. Bernardita