In the case of People of the Philippines v. Petrus Yau and Susana Yau, the Supreme Court affirmed the conviction of Petrus Yau as the principal in a kidnapping for ransom case and upheld Susana Yau’s conviction as an accomplice. The court’s decision underscores the principle that individuals involved in kidnapping, whether as primary actors or accomplices, will be held accountable under the law. This ruling reinforces the gravity of the crime of kidnapping and the severe consequences for those who participate in such acts, either directly or indirectly, thereby reassuring the public of the justice system’s commitment to combating heinous crimes and protecting individual liberties.

A Web of Deceit: Unraveling the Kidnapping of Alastair Onglingswam

The case began with the kidnapping of Alastair Joseph Onglingswam on January 20, 2004. Onglingswam, a lawyer and businessman from the United States, was taken while riding a taxi in Mandaluyong City. He was then held captive for 22 days in a house owned by Susana Yau, during which time a ransom of US$600,000 was demanded for his release. The narrative presented by the prosecution painted a grim picture of Onglingswam’s captivity, including instances of maltreatment and constant communication with his family to prove he was still alive. Petrus Yau was identified as the mastermind behind the kidnapping, while his wife, Susana Yau, was implicated as an accomplice.

The defense, however, presented a different version of events. Petrus Yau claimed that he was framed by Onglingswam and the police, asserting that he was at home sleeping when the kidnapping occurred. He also alleged that he was illegally arrested and that his constitutional rights were violated during the inquest proceedings. Susana Yau denied any involvement in the kidnapping, stating that she was separated from Petrus at the time and had merely asked him to deposit money into her bank account on the day of his arrest. The Regional Trial Court (RTC), however, found both Petrus and Susana guilty, a decision that was later affirmed by the Court of Appeals (CA). The case then reached the Supreme Court, where the final judgment was rendered.

The Supreme Court, in its analysis, focused on several key issues, including the credibility of the prosecution witnesses and the sufficiency of the evidence to prove the commission of kidnapping for ransom. Central to the court’s decision was the identification of Petrus Yau as the perpetrator of the crime. Onglingswam positively identified Petrus as the taxi driver who picked him up on the day of the kidnapping. He also recognized Petrus’s voice as that of the kidnapper who wore a red mask. Aaron John Onglingswam, Alastair’s brother, also identified Petrus as the person who demanded ransom money over the phone, further solidifying the prosecution’s case against him. Building on this identification, the court considered the circumstantial evidence presented by the prosecution, which included the discovery of the Toyota Corolla taxi used in the kidnapping in Petrus’s possession, as well as various items found in the house where Onglingswam was held captive. A crucial piece of evidence was the DNA examination, which revealed that the DNA found in the red mask worn by the kidnapper matched that of Petrus Yau.

The Court addressed the question of the legality of the accused-appellants’ warrantless arrest. The Court explained the general rule that any objection to the acquisition by a court of jurisdiction over the person of the accused must be opportunely raised before he enters his plea; otherwise, the objection is deemed waived. As the accused-appellants did not question the legality of their warrantless arrests, the right to do so was waived.

“Any objection to the procedure followed in the matter of the acquisition by a court of jurisdiction over the person of the accused must be opportunely raised before he enters his plea; otherwise, the objection is deemed waived.” (De Asis v. Hon. Romero, 148-B Phil. 710, 716-717 (1971))

The Court enumerated the elements of Kidnapping For Ransom under Article 267 of the RPC, as amended by R.A. No. 7659.

(a) intent on the part of the accused to deprive the victim of his liberty; (b) actual deprivation of the victim of his liberty; and (c) motive of the accused, which is extorting ransom for the release of the victim.

The defense of alibi and frame-up, presented by both Petrus and Susana, was rejected by the Court due to the lack of credible evidence to support their claims. The Court reiterated that alibi is the weakest of all defenses and can only prevail when supported by clear and convincing evidence. This evidence must demonstrate that it was physically impossible for the accused to have been at the scene of the crime during its commission. In this case, the defense failed to provide such evidence, and their alibis were therefore deemed insufficient to overcome the positive identification made by the prosecution witnesses.

As for Susana Yau’s role, the Court affirmed her conviction as an accomplice to the crime. According to Article 18 of the Revised Penal Code, an accomplice is someone who, without directly participating in the commission of a crime, cooperates in its execution by previous or simultaneous acts. Here, Susana’s actions, such as providing food to Onglingswam during his captivity and assisting Petrus in his criminal activities, were deemed sufficient to establish her complicity. The Court emphasized that while there was no direct evidence proving that Susana participated in the decision to kidnap Onglingswam, her assistance in maintaining his captivity made her an accomplice to the crime.

“In the case at bench, Susana knew of the criminal design of her husband, Petrus, but she kept quiet and never reported the incident to the police authorities. Instead, she stayed with Petrus inside the house and gave food to the victim or accompanied her husband when he brought food to the victim. Susana not only countenanced Petrus’ illegal act, but also supplied him with material and moral aid.”

The Supreme Court modified the award of damages, reducing the moral damages from P1,000,000 to P200,000 and the exemplary damages from P200,000 to P100,000. Further, the Court adjusted the distribution of liabilities for damages. The Court explained that this distribution should be proportional to the roles played by each individual. The court determined that the accused-appellants should pay the victim, Alastair Onglingswam actual damages in the amount of P273,132.00; moral damages in the amount of P200,000.00; and exemplary damages in the amount of P100,000.00, or a total amount of P573,132.00. Taking into consideration the degree of their participation, the principal, Petrus, should be liable for two-thirds (2/3) of the total amount of the damages (P573,132.00 x 2/3) or P382,088.00; and the accomplice, Susana, should be ordered to pay the remaining one-third (1/3) or P191,044.00. Specifically, Petrus shall be liable for actual damages in the amount of P182,088.00; moral damages in the amount of P133,333.33; and exemplary damages in the amount of P66,666.67; and Susana for the amount of P91,044.00 as actual damages; P66,666.67 as moral damages; and P33,333.33 as exemplary damages.

FAQs

What was the key issue in this case?	The key issue was whether the accused, Petrus and Susana Yau, were guilty beyond reasonable doubt of kidnapping for ransom and serious illegal detention. The court examined the credibility of witnesses and the sufficiency of evidence to determine their guilt.
What was Petrus Yau’s role in the kidnapping?	Petrus Yau was identified as the principal in the kidnapping. He was the driver of the taxi used to abduct the victim and was directly involved in demanding the ransom.
How was Susana Yau involved in the crime?	Susana Yau was found to be an accomplice in the kidnapping. She assisted in the crime by providing food to the victim and supporting her husband’s actions, knowing his criminal intentions.
What evidence was used to convict Petrus Yau?	The evidence included the victim’s positive identification of Petrus, the Toyota Corolla taxi found in his possession, and DNA evidence matching Petrus to the mask worn by the kidnapper.
Why was Susana Yau considered an accomplice rather than a principal?	Susana Yau was considered an accomplice because there was no direct evidence that she participated in the decision to commit the kidnapping. However, she cooperated by aiding in the victim’s captivity.
What is the penalty for kidnapping for ransom in the Philippines?	The penalty for kidnapping for ransom is reclusion perpetua to death, depending on the circumstances of the case. In this case, Petrus Yau was sentenced to reclusion perpetua without eligibility of parole due to R.A. No. 9346, which prohibits the death penalty.
What is the difference between a principal and an accomplice in a crime?	A principal is the one who directly commits the crime or induces another to commit it. An accomplice, on the other hand, cooperates in the execution of the crime by previous or simultaneous acts but does not directly participate in its commission.
What were the awarded damages in this case?	The Supreme Court awarded Alastair Onglingswam actual damages of P273,132.00, moral damages of P200,000.00, and exemplary damages of P100,000.00. These damages were apportioned between Petrus and Susana based on their degree of participation in the crime.

The Supreme Court’s decision in this case underscores the importance of holding individuals accountable for their involvement in kidnapping, whether as principals or accomplices. The ruling serves as a reminder that the justice system will not tolerate such heinous crimes and that those who participate in them will face severe consequences.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People of the Philippines, vs. Petrus Yau a.k.a. “John” and “Ricky” and Susana Yau y Sumogba a.k.a. “Susan”, G.R. No. 208170, August 20, 2014