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48.

3 Madsali
Facts: This is an appeal from the conviction of Sajiron Lajim (Sajiron) and Maron Lajim (Maron) for the crime of abduction
with rape and Egap Madsali and Sajiron Lajim for serious illegal detention
Information for abduction with rape:
That on or about the !
st
da" of #ul"$ !%%&$ in 'aranga" Malitub$ Municipalit" of 'atara(a$
)rovince of )alawan$ )hilippines$ and within the jurisdiction of this *onorable +ourt$ the above,named
accused conspiring$ confederating together and helping one another and b" means of force$ threat$
violence and intimidation$ while armed with a bladed weapon -nown as .Badong/$ did then and there
willfull"$ unlawfull" and feloniousl" ta-e and carr" awa" one 000$ a girl of !1 "ears of age$ against her
will and consent and brought to the forest and on the occasion thereof the said accused b" means of
force$ threat$ violence and intimidation$ and while armed with a -nife$ accused Sahiron Lajim$ with lewd
design$ did then and there willfull"$ unlawfull" and feloniousl" have carnal -nowledge with said 000$
against her will and consent$ to her damage and prejudice
That on the occasion of the said 2ape$ accused Maron Lajim helped Sahiron Lajim b" acting as
loo-,out during the commission of the said crime
+34T2025 T3 L06
Information for serious illegal detention:
That on or about the 7
nd
da" of #ul"$ !%%& in the morning up to 8ecember !9$ !%%&$ at
'aranga" Malitub$ Municipalit" of 'atara(a$ )rovince of )alawan$ )hilippines$ and within the jurisdiction
of this *onorable +ourt$ the above,named accused conspiring$ confederating together and mutuall"
helping one another$ with the use of force$ violence and intimidation$ did then and there willfull"$
unlawfull" and feloniousl" ta-e and detain 000$ an unmarried woman under !9 "ears of age in the
house of Egap Madsali thereb" depriving said 000 of her libert" all against her will and as a result of
that illegal detention$ said 000 was not able to go home to her mother for a period of more than five (9)
months
+34T2025 T3 L06
Prosecution: Fifteen,"ear,old 000 and her aunt :non 8ama were fetching water in a cave when suddenl"$ Sajiron arrived$
running towards them and carr"ing a badong (bolo) and a gun$ hac-ed 8ama and threatened to shoot and -ill them 6hen
:non 8ama left the place to report the incident$ Maron$ Sajiron;s father$ suddenl" appeared with a gun and told 000 to
come with them 6hen 000 refused$ Sajiron and Maron tied her hands behind her bac-$ covered her mouth with a piece
of cloth$ and brought her to the forest 8uring the entire time that 000 was being se<uall" abused b" Sajiron$ Maron stood
guard and watched them The" left the forest at around !=:== o;cloc- in the morning of the following da" and brought
000 to the house of Egap$ where she was detained in a room Sajiron instructed Egap to guard 000 and to shoot her if
she would attempt to escape 4ine da"s after the abduction$upon instruction of Egap$ 000 and Sajiron were married b"
:mam The marriage was solemni(ed against 000;s will and without the presence of her parents 0fter the marriage$ 000
and Sajiron lived in the house of Egap 6hile detained$ 000 did not tr" to escape$ because her house was ver" far from the
place where she was held captive$ and her captors threatened to -ill her and her famil" if she would attempt to
escape 8uring her detention$ Sajiron abused her twice ever" night She was free to roam within the vicinit" of the house
but she was usuall" accompanied b" Egap;s wife who served as her guard She was also guarded and threatened b"
Egap;s sons She got pregnant after some time 3n 4ovember 7&$ !%%&$ ''' and :non 8ama went to )uerto )rincesa
+it" to report 000;s abduction to the proper authorities 000 was detained at the house of Egap from #ul" 7$ !%%& until
8ecember !9$ !%%& 3n 8ecember !1$ !%%&$ Sajiron and Egap were arrested b" the police
Defense: The defense$ on the other hand$ denied having committed the crimes charged Sajiron claimed that he and 000
were engaged for three "ears prior to their elopement 8uring the period of their engagement$ Sajiron lived with 000 in
her mother;s house 000 married Sajiron voluntaril" and out of her own free will The se<ual intercourse between 000 and
Sajiron was consensual The defense further claimed that 000 merel" filed criminal charges against Sajiron because he did
not pa" the dowr" (dower) in the amount of )!=$===== to 000;s parents
RT ruling: Sajiron and Maron guilt" be"ond reasonable doubt of the crime of abduction with rape Egap and Sajiron were
also found guilt" be"ond reasonable doubt of the crime of serious illegal detention
! :n +riminal +ase 4o !77>!$ the accused Sa?j@iron Lajim and Maron Lajim
are hereb" sentenced to suffer the penalt" of Reclusion Perpetua or fort"
("ears) and each of the accused are ordered to indemnif" the complainant 000
the same amount of )9=$===== as and for civil indemnit"A

7 :n +riminal +ase 4o !7B=%$ the accused Egap Madsali and Sa?j@iron Lajim
are hereb" sentenced to suffer the penalt" of Reclusion Perpetua and both
accused are ordered to separatel" indemnif" the complainant 000 the amount
of )9=$===== as and for civil indemnit"
Issues: !) 6C4 +0 E22E8 :4 :D432:4D T*E :M)L:+0T:34 3F T*E 9,M34T* :40+T:34 '5 T*E )2:E0TE
+3M)L0:404T;S M3T*E2 :4 2E)32T:4D T*E 0LLEDE8 08'F+T:34 048 :LLED0L 8ETE4T:34 3F *E2 80FD*TE2 and 7)
6C4 +0 E22E8 :4 :D432:4D T*E F42E'FTTE8 TEST:M345 3F T*E )2:E0TE +3M)L0:404T;S 364 F0T*E2
Ruling: 8ela" in reporting an incident of rape due to death threats does not affect the credibilit" of the complainant$ nor
can it be ta-en against her True enough$ when Egap learned that 000Gs mother did what he forbade her to do$ he made
good his threat and shot her at the bac- ''';s dela" in reporting the incident for five months should not be ta-en against
her
0nent the second assignment of error$ 000 testified that she had never seen her father since she was a child$ as
her father had abandoned them ''' testified that she and her husband had been separated for a long time$ and she did
not -now his whereabouts She further said that +++ left their place in March !%>B to go to Mala"sia$ and that was the last
time she saw him :t is ver" surprising that +++$ after his long absence$ suddenl" appeared and testified for the defense
+++ would li-e to impress upon this +ourt that he has maintained constant communication with his famil"A however$ no
single witness was presented to corroborate this claim
:mam Musli Mohammad$ while testif"ing as prosecution witness$ attested that the parents of 000 and Sajiron
were not present during the marriage$ thus controverting +++;s allegation that he was present and gave consent to the
marriage 0lthough :mam Musli Muhammad$ when presented as an accused witness$ recanted his earlier testimon" that
+++ was not present at the wedding$ the same cannot be given credit 2ecantations are frowned upon b" the courts
Li-e alibi$ denial is an inherentl" wea- defense$ which cannot prevail over the positive and credible testimonies of the
prosecution witnesses :t is highl" improbable that a "oung girl$ such as 000$ would concoct a horrid stor" and impute to
the accused a crime so grave and subject herself and her famil" to the humiliation and invasive ordeal of a public trial just
to avenge the alleged non,pa"ment of the dowr"$ unless she be impelled b" a genuine desire to e<pose the truth$ vindicate
her honor and see- justice she so greatl" deserves 4either is the +ourt convinced of the sweetheart theor"
More importantl"$ in rape cases$ the credibilit" of the victim;s testimon" is almost alwa"s the single most important factor
6hen the victim;s testimon" is credible$ it ma" be the sole basis for the accused;s conviction
*owever$ the +ourt does not agree with the findings of the +0 finding Sajiron and Maron guilt" of abduction and
rape 0rticle B&7 of the 2evised )enal +ode spells out the elements of the crime of forcible abduction$ thus: (a) that the
person abducted is a woman$ regardless of her age$ civil status$ or reputationA (b) that the abduction is against her willA
and (c) that the abduction is with lewd designs
0 reading of the :nformation in +riminal +ase 4o !77>!$ for abduction with rape$ would readil" show that the
allegations therein do not charge the accused with forcible abduction$ because the ta-ing$ as alleged$ was not with lewd
designs The onl" act that was alleged to have been attended with lewd design was the act of rape Fpon further perusal of
the allegations in the information$ it appears that the crime charged was actuall" the special comple< crime of -idnapping and
serious illegal detention and rape$ defined and penali(ed under 0rticle 71H of the 2evised )enal +ode
0lthough the information does not specificall" allege the term kidnap or detain, the information specificall" used
the terms take and .carry away. To kidnap is to carr" awa" b" unlawful force or fraud or to sei(e and detain for the
purpose of so carr"ing awa" 6hereas$ to take is to get into one;s hand or into one;s possession$ power$ or control b"
force or strategem Thus$ the word take, plus the accompan"ing phrase carry away$ as alleged in the information$ was
sufficient to inform the accused that the" were charged with unlawfull" ta-ing and detaining 000
The real nature of the criminal charge is determined not from the caption or preamble of the information or from
the specification of the provision of law alleged to have been violated$ the" being conclusions of law which in no wa" affect
the legal aspects of the information$ but from the actual recital of facts as alleged in the bod" of the information +rime
charged is determined b" the information;s accusator" portion and not b" its denomination The accusator" portion of the
information alleges that 000 was ta-en and carried awa" b" Sajiron and Maron against her will and brought to the forestA
and$ on the occasion thereof$ Sajiron ,, b" means of force$ threat$ violence and intimidation ,, had carnal -nowledge of
000
The elements of -idnapping and serious illegal detention under 0rticle 71H of the 2evised )enal +ode are: (!) the offender
is a private individualA (7) he -idnaps or detains another or in an" other manner deprives the latter of his libert"A (B) the
act of detention or -idnapping is illegalA and (&) in the commission of the offense$ an" of the following circumstances are
present: (a) the -idnapping or detention lasts for more than B da"sA or (b) it is committed b" simulating public authorit"A
or (c) an" serious ph"sical injuries are inflicted upon the person -idnapped or detained or threats to -ill him are madeA or
(d) the person -idnapped or detained is a minor$ female$ or a public officer
:n the case at bar$ Sajiron and Maron$ who are private individuals$ forcibl" too- and dragged 000$ a minor$ to the
forest and held her captive against her will The crime of serious illegal detention consists not onl" of placing a person in an
enclosure$ but also of detaining him or depriving him in an" manner of his libert" For there to be -idnapping$ it is enough
that the victim is restrained from going home :ts essence is the actual deprivation of the victim;s libert"$ coupled with
indubitable proof of the intent of the accused to effect such deprivation :n the present case$ although 000 was not
actuall" confined in an enclosed place$ she was clearl" restrained and deprived of her libert"$ because she was tied up and
her mouth stuffed with a piece of cloth$ thus$ ma-ing it ver" eas" to ph"sicall" drag her to the forest awa" from her home
The crime of rape was also proven be"ond reasonable doubt in this case Sajiron succeeded in having carnal
-nowledge of 000 through the use of force and intimidation For fear of losing her life$ 000 had no choice but to give in
to Sajiron;s beastl" and lustful assault
+learl"$ conspirac" between Sajiron and Maron attended the commission of forcible abduction and the subseIuent
rape of 000 :n the case at bar$ it was proven that Sajiron and Maron cooperated to prevent 000 from resisting her
abduction b" t"ing her hands behind her bac- and putting a piece of cloth in her mouth Maron watched and stood guard to
ma-e sure that no one would interrupt or prevent the bestial act perpetrated b" his son against 000 Maron did not
endeavor to prevent his son from raping 000 thrice The ne<t morning$ Sajiron and Maron brought 000 to the house of
Egap to detain her there
The last paragraph of 0rt 71H of the 2evised )enal +ode provides that if the victim is -illed or dies as a
conseIuence of the detention$ or is raped or subjected to torture or dehumani(ing acts$ the ma<imum penalt" shall be
imposed
on!iction: Sajiron and Maron are guilt" be"ond reasonable doubt of the special comple< crime of -idnapping and serious
illegal detention with rape 6e also find Sajiron guilt" be"ond reasonable doubt of the crime of serious illegal detention
)ena"T#: )rescribed penalt" for serious illegal detention under 0rt 71H of the 2evised )enal +ode$ as amended b"
2epublic 0ct (2 0) 4o H19%$ is reclusion perpetua to death There being no aggravating or modif"ing circumstance in the
commission of the offense$ the proper penalt" to be imposed is reclusion perpetua$ pursuant to 0rt 1B of the 2evised
)enal +ode )enalt" for the special comple< crime of -idnapping and serious illegal detention and rape is death
*owever$ 20 4o %B&1$ entitled An Act Prohibiting the Imposition of eath Penalty in the Philippines, which was
approved on #une 7&$ 7==1$ prohibits the imposition of the death penalt" Thus$ the penalt" of death is reduced
to reclusion perpetua$ without eligibilit" for parole
0s to accused Egap$ his act of escaping from his police escort during the pendenc" of his case and his subseIuent
une<plained absence during the promulgation of the decision convicting him of the crime charged has divested him of the
right to avail himself of an" remed" that ma" be available to him$ including his right to appeal The judgment against him
became final and e<ecutor" upon the lapse of fifteen (!9) da"s from promulgation of the judgment
8amages: 000 is entitled to civil indemnit" in line with prevailing jurisprudence that civil indemnification is mandator"
upon the finding of rape :n addition$ 000 is entitled to moral damages of )H9$===== pursuant to 0rt 77!% of the +ivil
+ode$ without the necessit" of additional pleadings or proof other than the fact of rape
For serious illegal detention$ the trial court;s award of )9=$=== civil indemnit" to 000 000 is entitled to moral damages of
9=$===== The bab" having been conceived sometime in #ul" !%%&$ which was at or about the time of the commission of
the rape$ logicall" deduced that Sajiron is the father of the child Fnder 0rt B&9 of the 2evised )enal +ode$ he is civill"
liable for the support of his offspring *ence$ he is directed to provide support to the victim;s child born out of the rape$
subject to the amount and conditions to be determined b" the trial court$ after due notice and hearing$ in accordance with
0rt 7=! of the Famil" +ode
$ Decision: (a) :n +riminal +ase 4o !77>!$ accused Sajiron Lajim and Maron Lajim are found guilt" be"ond reasonable
doubt of the special comple< crime of -idnapping and serious illegal detention with rape under 0rticle 71H of the 2evised
)enal +ode$ as amended b" 2epublic 0ct 4o H19%$ and are sentenced to suffer the penalt" of reclusion perpetua, without
eligibilit" for parole$ and to pa" jointl" and severall"$ the offended part" 000$ the amounts of )H9$===== as civil indemnit"
and)H9$===== as moral damages 0ccused Sajiron Lajim is further ordered to support the offspring born as a
conseIuence of the rape The amount of support shall be determined b" the trial court after due notice and hearing$ with
support in arrears to be rec-oned from the date the appealed decision was promulgated b" the trial courtA and

(b) :n +riminal +ase 4o !7B=%$ accused Sajiron Lajim is found guilt" be"ond reasonable doubt of the crime of
-idnapping and serious illegal detention under 0rticle 71H of the 2evised )enal +ode$ as amended b" 2epublic 0ct 4o
H19%$ and is sentenced to suffer the penalt" of reclusion perpetua and to pa" the amounts of )9=$===== as civil indemnit"
and )9=$===== as moral damages