Case # 4
G.R. No. 178039 January 19, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs.
ERNESTO UYBOCO y RAMOS, Defendant-Appellant.
DECISION
PEREZ, J.:
Subject of this appeal is the 27 September 2006 Decision1 promulgated by the Court of
Appeals, affirming the Regional Trial Court’s (RTC) Judgment2 in Criminal Case Nos.
93-130980, 93-132606, and 93-132607, finding Ernesto Uyboco y Ramos (appellant)
guilty of three (3) counts of kidnapping for ransom.
Appellant, along with now deceased Colonel Wilfredo Macias (Macias) and several
John Does were charged in three separate Informations, which read as follow:
In Criminal Case No. 93-130980:
That in the morning of December 20, 1993 and for sometime subsequent thereto in
Manila and within the jurisdiction of this Honorable Court, the above-named accused,
conspiring, confederating and mutually helping one another, did then and there willfully,
unlawfully and feloniously kidnap, carry away and detain the minor, JESON KEVIN
DICHAVES, five (5) years old, against his will and consent, thus depriving him of his
liberty, for the purpose of extorting ransom for his release, which after payment thereof
in the amount of ₱1,320,000.00 in cash and ₱175,000.00 worth of assorted jewelry,
including a Colt .45 Caliber Pistol with SN 14836 or a total of ONE MILLION FIVE
HUNDRED THOUSAND PESOS (₱1,500,000.00) was divided by said accused
between and/or among themselves to the damage and prejudice of the aforementioned
victim/or his parents.3
In Criminal Case No. 93-132606:
That in the morning of December 20, 1993 and for sometime subsequent thereto in
Manila and within the jurisdiction of this Honorable Court, the above-named accused,
conspiring, confederating and mutually helping one another, did then and there willfully,
unlawfully and feloniously kidnap, carry away and detain the minor, JESON KIRBY
DICHAVES, two (2) years old, against his will and consent, thus depriving him of his
liberty, for the purpose of extorting ransom for his release, which after payment thereof
in the amount of ₱1,320,000.00 in cash and ₱175,000.00 worth of assorted jewelry,
including a Colt .45 Caliber Pistol with SN 14836 or a total of ONE MILLION FIVE
HUNDRED THOUSAND PESOS (₱1,500,000.00) was divided by said accused
between and/or among themselves to the damage and prejudice of the aforementioned
victim/or his parents.4
In Criminal Case No. 93-132607:
That in the morning of December 20, 1993 and for sometime subsequent thereto in
Manila and within the jurisdiction of this Honorable Court, the above-named accused,
conspiring, confederating and mutually helping one another, did then and there willfully,
unlawfully and feloniously kidnap, carry away and detain NIMFA CELIZ, against her will
and consent, thus depriving her of liberty, for the purpose of extorting ransom for her
release, which after payment thereof in the amount of ₱1,320,000.00 in cash and
₱175,000.00 worth of assorted jewelry, including a Colt .45 Caliber Pistol with SN
14836 or a total of ONE MILLION FIVE HUNDRED THOUSAND PESOS
(₱1,500,000.00) was divided by said accused between and/or among themselves to the
damage and prejudice of the aforementioned victim.5
The arraignment was held in abeyance twice.6 Finally, the arraignment was set on 22
October 1996. Appellant and Macias, with the assistance of their counsels, however
refused to enter a plea. This prompted the RTC to enter a plea of "Not Guilty" for each
of them. Trial on the merits ensued.
The prosecution presented the following witnesses: Nimfa Celiz (Nimfa), Jepson
Dichaves (Jepson), Police Superintendent Gilbert Cruz (P/Supt. Cruz), Police
Superintendent Mario Chan (P/Supt. Chan), Police Inspector Cesar Escandor (P/Insp.
Escandor) and Carolina Alejo, whose version of facts are summarized as follows:
At around 10:30 a.m. on 20 December 1993, Nimfa and her wards, siblings Jeson Kevin
and Jeson Kirby Dichaves were riding in the Isuzu car of the Dichaves family, together
with Yusan Dichaves (Yusan). Driver Pepito Acon (Acon) dropped off Yusan at
Metrobank in Claro M. Recto Avenue, Manila. While waiting for Yusan, Acon drove
along Bilibid Viejo, Sampaloc. When the vehicle passed by in front of San Sebastian
Church, a stainless jeep with two men and one woman described as a tomboy on
board, suddenly blocked its way. One of the men, who was in police uniform accosted
Acon and accused him of hitting the son of a Presidential Security Group (PSG)
General apparently with a stone when the vehicle ran over it. Acon denied the charges
but he was transferred to the stainless jeep while the man in police uniform drove the
Isuzu car. The tomboy sat next to Nimfa who then had Jeson Kirby sit on her lap while
Jeson Kevin was sitting on the tomboy’s lap. They were brought to a house in Merville
Subdivision, Parañaque.7
While still in garage of the house, Nimfa was able to sneak out of the car and place a
call to the secretary of her employer to inform the latter that they were in Merville
Subdivision. She came back to the car undetected and after a while, she and her wards
were asked to alight from the car and they were locked inside the comfort room.8
Jepson was at his office at 10:00 a.m. of 20 December 1993. He received a call from his
wife asking him if Nimfa or Acon called up, as she had been waiting for them at
Metrobank where she was dropped off earlier. After 15 minutes, Yusan called again and
was already hysterical because she could not find the car when she roamed around the
area. Jepson immediately called up his brother Jaime and some police officers to inform
them that his sons were missing. When Jepson arrived at Metrobank at around 11:30
a.m., he received a call from his secretary informing him that Nimfa called about their
whereabouts. When Jepson got back to his office, his secretary informed him that an
unidentified man called to inform them that he has custody of the children and
demanded ₱26 Million.9
Meanwhile in Merville Subdivision, the man in police uniform introduced himself to
Nimfa as Sarge. He asked Nimfa for information regarding her name and her
employer’s telephone number. She feigned ignorance of those information. She even
claimed that she was merely a new employee.10 Sarge informed Nimfa that they were in
Fairview and that she was asked if she knew how to go home. Nimfa chose to stay with
her wards. When the phone rang, Sarge went out of the house and Nimfa again
sneaked a phone call to her employer informing them that they were being held up in
Merville Subdivision.11
Jepson, through Jaime’s help, went to the house of then Vice-President Joseph Estrada
(Vice-President Estrada) at 8:00 p.m. Thereat, he met General Jewel Canson (Gen.
Canson), General Panfilo Lacson (Gen. Lacson) and Major Ray Aquino (Major Aquino).
Vice-President Estrada ordered the police generals to rescue Jepson’s sons and arrest
the kidnappers.12
At 6:00 p.m., the kidnappers called Jepson and reduced the ransom to ₱10
Million.13 That night, Nimfa was able to speak to Jepson when two men handed the
telephone to her. She recognized one of them as appellant, because she had seen the
latter in her employer’s office sometime in the first week of December 1993.14
On the following noon of 21 December 1993, the kidnappers called up Jepson
numerous times to negotiate for the ransom. In one of those calls, Jepson was able to
recognize the voice of appellant because he had several business transactions with the
latter and they have talked for at least a hundred times during a span of two to four
years.15
On 22 December 1993, the parties finally agreed to a ransom of ₱1.5 Million. Jepson
offered ₱1.3 Million in cash and the balance to be paid in kind, such as jewelry and a
pistol.16 Appellant asked Jepson to bring the ransom alone at Pancake House in
Magallanes Commercial Center. Jepson called up Gen. Canson and Gen. Lacson to
inform them of the pay-off.17
At around 1:00 p.m. of even date, Nimfa was able to talk to Jepson and the latter
informed her that they would be released that afternoon.18 At 3:00 p.m., Jepson drove
his white Toyota Corolla car and proceeded to Pancake House in Magallanes
Commercial Center. He placed the money inside a gray bag and put it on the backseat.
Jepson received a call from appellant at 4:00 p.m. who ordered him to put the bag in the
trunk, leave the trunk unlocked, and walk away for ten (10) minutes without turning
back. Later, appellant checked on his trunk and the bag was already gone. Appellant
then apprised him that his sons and helper were already at the Shell Gasoline Station
along South Luzon Expressway. He immediately went to the place and found his sons
and helper seated at the corner of the gas station.19
P/Insp. Escandor was assigned to proceed to Magallanes Commercial Center, together
with two other police officers. They reached the place at 3:30 p.m. and positioned
themselves in front of the Maranao Arcade located at Magallanes Commercial Center.
He brought a camera to cover the supposed pay-off. He took a total of 24 shots.20 He
identified Macias together with appellant in Magallanes Commercial Center and the
latter as the one who took the ransom.21
P/Supt. Chan was one of the team leaders dispatched also at Magallanes Commercial
Center in Makati on 22 December 1993 to take a video coverage on the supposed pay-
off. He witnessed the pay-off and identified appellant as the one who took the bag
containing the ransom money from the car trunk of Jepson.22
P/Supt. Cruz is assigned to the now defunct Presidential Anti-Crime Commission Task
Force Habagat and one of the team leaders of Special Project Task Force organized on
22 December 1993 with the primary task of apprehending the kidnappers of Dichaves’
children and helper. His group was assigned at Fort Bonifacio to await instructions from
the overall Field Command Officer Gen. Lacson. They had been waiting from 4:00 p.m.
until 6:00 p.m. when they received information that the kidnap victims were released
unharmed. They were further asked to maintain their position in Fort Bonifacio. At
around 7:45 p.m., they heard on their radio that the suspect’s vehicle, a red Nissan
Sentra was heading in their direction. A few minutes later, they saw the red car and
tailed it until it reached Dasmariñas Village in Makati. They continuously followed the
car inside the village. When said car slowed down, they blocked it and immediately
approached the vehicle.23
They introduced themselves as police officers and accosted the suspect, who turned
out to be appellant. Appellant suddenly pulled a .38 caliber revolver and a scuffle took
place. They managed to subdue appellant and handcuffed him. Appellant was
requested to open the compartment and a gray bag was found inside. P/Supt. Cruz saw
money, jewelry and a gun inside the bag. Appellant was then brought to Camp Crame
for questioning.24
At 8:00 p.m., Jepson received a call from Gen. Lacson asking him to go to Camp
Crame. He and Nimfa went to Camp Crame where he saw appellant alone in the office
of Gen. Canson. He then saw the bag containing the ransom money, pieces of jewelry
and his gun on the table. Photographs were taken and Jepson was asked to identify
them.25
A written inventory was prepared on the contents of the bag.26 It was found out that a
portion of the ransom money was missing. It was then that appellant revealed that the
missing money was in the possession of Macias. Appellant accompanied P/Supt. Cruz
and his team to the residence of Macias in Camp Aguinaldo. P/Supt. Cruz waited for
Macias until 4:00 a.m. on the following day and placed him under arrest. Macias was
asked where the rest of the ransom money was and Macias went inside the house and
retrieved a red bag inside a small cabinet. P/Supt. Cruz prepared a receipt of the seized
property from Macias. Macias placed his signature on the receipt.27
Carolina Alejo was the owner of the house in Merville Subdivision where the kidnap
victims were detained. She stated that she leased the house to appellant. On 23
December 1993, it came to her knowledge that said house was used in the kidnapping.
She noticed that the lock of the comfort room was reversed so that it could only be
locked from the outside. She considered this unusual because she personally caused
the door knob to be installed.28
The defense, on its part, presented appellant, Florinda Sese Barcelona (Ms. Sese), Dr.
Jaime Leal (Dr. Leal), and retired Colonel Ramon Navarro (Col. Navarro).
Appellant testified that he came to know Jepson when he was introduced to him by Col.
Navarro in 1989 as the importer of police equipment and accessories. Jepson wanted to
buy revolving lights, police sirens and paging system. Through Navarro, appellant also
met Macias who was then selling his security agency in July 1993. He admitted that
Jepson had been lending him money since 1990 and his total borrowings amounted to
₱8.5 Million in December 1993. Appellant also knew Nimfa since 1990 and had met her
five (5) times in the office of Jepson where Nimfa usually served him coffee.29
In December 1993, he rented a house in Merville Subdivision for his mother. He was
given the key to the house in 15 December 1993 but he denied going to said place on
20, 21, 22, 23 of December 1993.
At 3:00 p.m. of 20 December 1993, he received a call from Jepson asking for ₱1 Million,
as partial payment of his loan. Jepson informed appellant that his sons were kidnapped
and he requested appellant to negotiate with the kidnappers for the release of his
children. Out of pity, appellant agreed. He actively participated in the negotiations
between 20 to 22 of December 1993, where he successfully negotiated a lower ransom
of ₱1.5 Million.
On 11:30 a.m. of 22 December 1993, Jepson again requested appellant to deliver the
ransom money to the kidnappers. Appellant acceded to the request. He asked Macias,
who was in his office that day, to accompany him. The kidnappers asked appellant to
proceed to the Makati area and wait for further instructions. Appellant called up Jepson
who told him that he would deliver the money to appellant once instructions were given
by the kidnappers. The kidnappers finally called and asked appellant to proceed to Shell
Gasoline Station-Magallanes. He informed Jepson of this fact and the latter asked
appellant to meet him in Magallanes Commercial Center where he would just put the
money inside the car trunk and leave it unlocked. Appellant took the money from
Jepson’s car and put it inside his car trunk and proceeded to Shell Gasoline
station.30 Appellant and Macias did not see the kidnappers and Jepson’s children at the
station. He tried calling Jepson but failed to communicate with him. They then decided
to go back to the office in Cubao, Quezon City. At 7:00 p.m., he received a call from the
kidnappers who were cursing him because they apparently went to the Shell Gasoline
Station and noticed that there were many policemen stationed in the area, which
prompted them to release the victims. Appellant left his office at around 7:20 p.m. to go
home in Dasmariñas Village, Makati. When he was about ten (10) meters away from the
gate of his house, a car blocked his path. He saw P/Supt. Cruz, a certain Lt. Rodica and
two other men alight from the car and were heavily armed. They pulled him out of the
car and hit him with their firearms.31
Ms. Sese was at the office of appellant on 22 December 1993 when she was told by the
secretary, who appeared shaken, that a caller was looking for appellant. She saw
appellant arrive at the office with Macias.32
Dr. Leal, the medico-legal officer at Philippine National Police (PNP) Crime Laboratory,
presented the medico-legal certificate of appellant and testified that the injuries of
appellant could have been sustained during the scuffle.33
Col. Navarro introduced appellant to Jepson. He was privy to the loan transactions
between appellant and Jepson where the former asked loans from the latter. He even
served as guarantor of some of the obligations of appellant. When the checks issued by
appellant were dishonored by the bank, Jepson filed a case against Navarro for
violation of Batas Pambansa Blg. 22, wherein the latter was eventually acquitted.34
While the criminal cases were undergoing trial, Macias died. Consequently, his criminal
liability is totally extinguished under Article 89, paragraph 1 of the Revised Penal
Code.35
On 30 August 2002, the RTC rendered judgment finding appellant guilty beyond
reasonable doubt of the crime of kidnapping for ransom. The dispositive portion reads:
WHEREFORE, premises considered herein accused Ernesto Ramos Uyboco is hereby
found guilty beyond reasonable doubt of the crime of Kidnapping for Ransom penalized
by Article 267 of the Revised Penal Code, as amended by R.A. 1084. He is hereby
ordered to suffer the prison term of reclusion perpetua for three (3) counts together with
the accessory penalties provided by law. He should pay private complainant Jepson
Dichaves the amount of ₱150,000.00 as moral damages.
The above-described .45 Caliber Colt Pistol and 12-gauge Remington shotgun as well
as the Nissan Sentra 4-Door Sedan are hereby confiscated in favor of the government.
