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    93-People v. Gambao-G.R. No. 172701-Oct. 1,2013

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    Jude Thaddeus Damian
    The accused were convicted of kidnapping Lucia Chan for ransom. During the trial, some of the accused changed their pleas to guilty. Thian Perpenian was originally charged as a principal but the court found the evidence only supported finding her guilty as an accomplice. As an accomplice, Perpenian was found guilty of kidnapping for ransom for conversing with two other accused while in the room where the victim was detained, but the prosecution did not provide sufficient evidence that she was a principal to the crime.

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    93-People v. Gambao-G.R. No. 172701-Oct. 1,2013

    Uploaded by

    Jude Thaddeus Damian
    61 views2 pages
    The accused were convicted of kidnapping Lucia Chan for ransom. During the trial, some of the accused changed their pleas to guilty. Thian Perpenian was originally charged as a principal but the court found the evidence only supported finding her guilty as an accomplice. As an accomplice, Perpenian was found guilty of kidnapping for ransom for conversing with two other accused while in the room where the victim was detained, but the prosecution did not provide sufficient evidence that she was a principal to the crime.

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    The accused were convicted of kidnapping Lucia Chan for ransom. During the trial, some of the accused changed their pleas to guilty. Thian Perpenian was originally charged as a principal but the court found the evidence only supported finding her guilty as an accomplice. As an accomplice, Perpenian was found guilty of kidnapping for ransom for conversing with two other accused while in the room where the victim was detained, but the prosecution did not provide sufficient evidence that she was a principal to the crime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views2 pages

    93-People v. Gambao-G.R. No. 172701-Oct. 1,2013

    Uploaded by

    Jude Thaddeus Damian
    The accused were convicted of kidnapping Lucia Chan for ransom. During the trial, some of the accused changed their pleas to guilty. Thian Perpenian was originally charged as a principal but the court found the evidence only supported finding her guilty as an accomplice. As an accomplice, Perpenian was found guilty of kidnapping for ransom for conversing with two other accused while in the room where the victim was detained, but the prosecution did not provide sufficient evidence that she was a principal to the crime.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    Topic: Accomplices

    G.R. No. 172707

    October 1, 2013

    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE,

    vs.

    HALIL GAMBAO Y ESMAIL, EDDIE KARIM Y USO, EDWIN DUKILMAN Y SUBOH, TONY ABAO Y SULA, RAUL
    UDAL Y KAGUI, THENG DILANGALEN Y NANDING, JAMAN MACALINBOL Y KATOL, MONETTE RONAS Y
    AMPIL, NORA EVAD Y MULOK, THIAN PERPENIAN Y RAFON A.K.A LARINA PERPENIAN AND JOHN DOES,
    ACCUSED-APPELLANTS

    Facts:

    The accused conspiring, confederating and mutually helping one another and grouping
    themselves together, did then and there by force and intimidation, and the use of high powered
    firearms, willfully, unlawfully and feloniously take, carry away and deprive Lucia Chan y Lee of her liberty
    against her will for the purpose of extorting ransom as in fact a demand for ransom was made as a
    condition for her release amounting to FOUR HUNDRED THOUSAND PESOS (P400,000.00) to the damage
    and prejudice of Lucia L. Chan.

    During the hearing, after the victim and her son testified, Karim manifested his desire to change
    his earlier plea of "not guilty" to "guilty." The presiding judge then explained the consequences of a
    change of plea. Upon hearing the change of plea, the other appellants likewise manifested, through
    their counsel who had earlier conferred with them and explained to each of them the consequences of a
    change of plea, their desire to change the pleas they entered.

    Thereupon, the trial court ordered their re-arraignment. After they pleaded guilty, the trial court
    directed the prosecution to present evidence, which it did.

    Both RTC and CA rendered a decision convicting the accused.

    Issue:

    Was Thian Perpenian guilty of being an accomplice?

    Ruling:

    Accused-appellants HALIL GAMBAO, EDDIE KARIM, EDWIN DUKILMAN, TONY ABAO, RAUL UDAL, THENG
    DILANGALEN, JAMAN MACALINBOL, MONETTE RONAS and NORA EVAD are found guilty beyond
    reasonable doubt as principals in the crime of kidnapping for ransom and sentenced to suffer the
    penalty of Reclusion Perpetua, without eligibility of parole. Accused-appellant THIAN PERPENIAN y
    RAFON A.K.A. LARINA PERPENIAN is found guilty beyond reasonable doubt as accomplice in the crime of
    kidnapping for ransom.
    The prosecution was not able to proffer sufficient evidence to hold her responsible as a principal. Seeing
    that the only evidence the prosecution had was the testimony of Chan to the effect that on 13 August
    1998 Perpenian entered the room where the victim was detained and conversed with Evad and Ronas
    regarding stories unrelated to the kidnapping, this Court opines that Perpenian should not be held liable
    as a co-principal, but rather only as an accomplice to the crime.

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