GR 186226 PEOPLE v. TADAN

Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 186226 February 1, 2012
PEOPLE OF THE PHILIPPINES, Appellee,

vs.
YUSOP TADAH, Appellant.
RESOLUTION
BRION, J.:
We resolve the appeal, filed by accused Yusop Tadah (appellant), from the August 22, 2008
decision of the Court of Appeals (CA) in CA-G.R. CR HC No. 00150. 1
The RTC Ruling
In its April 18, 2005 decision, the Regional Trial Court (RTC) of Zamboanga, Branches 15 and 16,
2
convicted the appellant of five counts of kidnapping and serious illegal detention committed against
3 4
Gina Yang y Bersañez, 3-year old Princess Jane "Cha-Cha" Yang, Joy Sagubay, Yang Wang Tao
Chiu, and Nicomedes Santa Ana. It gave credence to the straightforward testimonies of the kidnap
victims, Nicomedes and Cha-Cha, then 8 years old, pointing to the appellant as one of their
kidnappers. Considering the appellant’s positive identification, the RTC rejected the former’s
defenses of denial and alibi. It noted that conspiracy attended the crime due to the concerted acts of
the accused in the kidnapping. It sentenced the appellant to the death penalty for each count of
kidnapping and serious illegal detention, appreciating that the accused committed the kidnapping to
extort ransom, and that the accused used a motorized vehicle and motorized watercrafts to facilitate
the commission of the crimes. It also ordered him to pay Bien Yang the amount of ₱2,000,000.00 for
the ransom paid.
The CA Ruling
On intermediate appellate review, the CA affirmed the RTC's decision, giving full respect to the
RTC's assessment of Nicomedes and Cha-Cha’s testimony and credibility. However, pursuant to
Republic Act (RA) No. 9346, the CA reduced the appellant’s sentence to reclusion perpetua in all
5
five cases.
6
We now rule on the final review of the case.
Our Ruling
We deny the appeal, but modify the penalty and awarded indemnity.
We find no reason to reverse the findings of the RTC, as affirmed by the CA. We are convinced that
Nicomedes’ and Cha-Cha’s testimonies have amply established the case for the prosecution. No
motive affecting their credibility was ever imputed against them. The appellant's positive
identification as the one of the perpetrators of the crime renders his defense of alibi unworthy of
credit.
Since the prosecution adduced proof beyond reasonable doubt that the accused conspired to kidnap
the victims for ransom, and kidnapped and illegally detained them until they were released by the
accused after the latter received the ₱2,000,000.00 ransom, the imposable penalty is death as
7
provided for in the second paragraph of Article 267 of the Revised Penal Code. The aggravating
circumstance of using a motorized vehicle and motorized watercrafts, while alleged and proven,
cannot affect the imposable penalty because Article 63 of the Revised Penal Code states that in all
cases in which the law prescribes a single indivisible penalty (like reclusion perpetua and death), it
shall be applied regardless of any mitigating or aggravating circumstances that may have attended
the commission of the deed.
The CA correctly reduced the appellant’s sentence from death penalty to reclusion perpetua
considering the passage of RA No. 9346, prohibiting the imposition of the death penalty. To this, we
add that the appellant shall not be eligible for parole. Under Section 3 of RA No. 9346, "[p]ersons
convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180,
otherwise known as the Indeterminate Sentence Law, as amended."
We find it necessary to modify the appellant’s civil liability. In line with prevailing jurisprudence, the
1âwphi1
8
appellant is also liable for ₱75,000.00 as civil indemnity which is awarded if the crime warrants the
imposition of the death penalty; ₱75,000.00 as moral damages because the victim is assumed to
have suffered moral injuries, without need of proof; and ₱30,000.00 as exemplary damages to set an
example for the public good, for each count of kidnapping and serious illegal detention.
WHEREFORE, the August 22, 2008 decision of the Court of Appeals in CA-G.R. CR HC No. 00150
is hereby AFFIRMED with MODIFICATION. Appellant Yusop Tadah is found guilty beyond
reasonable doubt of 5 counts of kidnapping and serious illegal detention, and sentenced to suffer the
penalty of reclusion perpetua, without eligibility for parole, for each count. In addition to the
restitution of ₱2,000,000.00 for the ransom paid, the appellant is ordered to pay each of the victims
the amounts of ₱75,000.00 as civil indemnity, ₱75,000.00 as moral damages, and ₱30,000.00 as
exemplary damages.
SO ORDERED.
ARTURO D. BRION
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
JOSE PORTUGAL PEREZ MARIA LOURDES P. A. SERENO

Associate Justice Associate Justice
BIENVENIDO L. REYES
Associate Justice
ATTESTATION
I attest that the conclusions in the above Resolution had been reached in consultation before the
case was assigned to the writer of the opinion of the Court’s Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairperson’s Attestation, it
is hereby certified that the conclusions in the above Resolution had been reached in consultation
before the case was assigned to the writer of the opinion of the Court’s Division.
RENATO C. CORONA
Chief Justice
Footnotes
Penned by Associate Justice Edgardo T. Lloren, and concurred in by Associate Justices

1
Edgardo A. Camello and Jane Aurora C. Lantion; rollo, pp. 3-15.
2
Docketed as Criminal Case Nos. 15671-15675; CA rollo, pp. 54-88.
3
Appellant’s co-accused (Ustadz Benjie Alpada a.k.a. "Lamuddin," Abdul Mutalib Totoh,
Ustadz Albani, Ismael Kulengleng, Pilih Kahal, Hamid Ali, Pusong Kamolon, Hadji Bodjang
Buros, Bakal Appal a.k.a. "Back to Back Tarsan," and 9 other persons known only by their
nicknames or aliases, namely: Israel, Idris, Musa, Majie, Abdullah, Lawin, Lampiao, Jumani
and Boy) remain at large.
4
See REVISED PENAL CODE, Article 267, as amended by Section 8 of RA No. 7659,
otherwise known as "The Death Penalty Law."
5
The Anti-Death Penalty Law, took effect on June 30, 2006.
6
Supra note 1.
7
All the victims were kidnapped on September 9, 1998; Gina, Cha-Cha and Nicomedes were
released on November 21, 1998 upon the payment of a ransom of ₱500,000.00, while Joy
and Yang Wang Tao Chiu were released sometime in January 1999 upon the payment of a
ransom of ₱1,500,000.00.
8
People of the Philippines v. PO1 Froilan L. Trestiza, G.R. No. 193833, November 16, 2011;
and People v. Bautista, G.R. No. 188601, June 29, 2010, 622 SCRA 524, 546.

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Republic of the Philippines

G.R. No. 186226 February 1, 2012

PEOPLE OF THE PHILIPPINES, Appellee,

The RTC Ruling

We now rule on the final review of the case.

JOSE PORTUGAL PEREZ MARIA LOURDES P. A. SERENO

Penned by Associate Justice Edgardo T. Lloren, and concurred in by Associate Justices

Edgardo A. Camello and Jane Aurora C. Lantion; rollo, pp. 3-15.

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