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    People of The Philippines Vs Trestiza Digest

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    RNJ
    This document summarizes the case of People of the Philippines vs. Trestiza. Trestiza and others were accused of kidnapping Lawrence Ku and Maria Arma Navarro for ransom. The public prosecutor initially filed charges of kidnapping with ransom but later wanted to withdraw this charge and instead charge robbery and grave threats. However, the court denied this motion to withdraw the kidnapping charge. The key issue was whether the appropriate charges should be kidnapping for ransom or robbery and grave threats.

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    People of The Philippines Vs Trestiza Digest

    Uploaded by

    RNJ
    79 views2 pages
    This document summarizes the case of People of the Philippines vs. Trestiza. Trestiza and others were accused of kidnapping Lawrence Ku and Maria Arma Navarro for ransom. The public prosecutor initially filed charges of kidnapping with ransom but later wanted to withdraw this charge and instead charge robbery and grave threats. However, the court denied this motion to withdraw the kidnapping charge. The key issue was whether the appropriate charges should be kidnapping for ransom or robbery and grave threats.

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    This document summarizes the case of People of the Philippines vs. Trestiza. Trestiza and others were accused of kidnapping Lawrence Ku and Maria Arma Navarro for ransom. The public prosecutor initially filed charges of kidnapping with ransom but later wanted to withdraw this charge and instead charge robbery and grave threats. However, the court denied this motion to withdraw the kidnapping charge. The key issue was whether the appropriate charges should be kidnapping for ransom or robbery and grave threats.

    Copyright:

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

    People of The Philippines Vs Trestiza Digest

    Uploaded by

    RNJ
    This document summarizes the case of People of the Philippines vs. Trestiza. Trestiza and others were accused of kidnapping Lawrence Ku and Maria Arma Navarro for ransom. The public prosecutor initially filed charges of kidnapping with ransom but later wanted to withdraw this charge and instead charge robbery and grave threats. However, the court denied this motion to withdraw the kidnapping charge. The key issue was whether the appropriate charges should be kidnapping for ransom or robbery and grave threats.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    7/25/2019 People of the Philippines vs.

    Trestiza Digest

    People of the Philippines vs. Trestiza

    Facts:
    This is an appeal from the decision of the Court of Appeals affirming the decision of the
    RTC of Makati for the case of Kidnapping for Ransom and Robbery.

    The trial court found Trestiza guilty beyond reasonable doubt as principal by direct
     participation of the crime of Kidnapping for Ransom under Article !" of the Re#ised
    $enal Code and sentenced him to suffer the penalty of Reclusion $erpetua and to pay
    damages to the #ictims.

    The #ictims alleged that on %o#. &&' the accused Trestiza' Manri(ue and $ineda' armed
    )ith firearms' kidnapped *a)rence +u and Maria ,rma %a#arro' or other)ise depri#ed
    them of their liberty )ithout legal grounds for the purpose of e-torting money.

    n February &&/' public prosecutor filed a motion to )ithdra) information of 

    Kidnapping )ith Ransom


    after he conducted and to in#estigation'
    preliminary Admit information for Robbery.
    he found 0e pointed
    no probable out that
    cause e-ists to
    )arrant the indictment of the accused for the crime of kidnapping )ith ransom. 0e added
    that they should be charged instead for the crimes of Robbery and gra#e threats. The
    Court set a hearing for this motion.

    1efore the issue could be resol#ed' another 2udge took o#er the Court as Assisting
    $residing 3udge after 3udge 4al#ador Abad 4antos re(uested to be relie#ed. 3udge
    1ernabe issued an order directing the City $rosecution ffice to conduct re5assessment
    and re5e#aluation of the e#idence presented and to submit its report )ithint /& days.

    The $rosecution
    accused maintains
    should be that and
    for robbery the correct and appropriate
    gra#e threats charges
    but for t)o countstoeach
    be filed
    and against
    not for 
    kidnapping as initially filed. Thus' it prayed for this Court to be allo)ed to )ithdra) the
     present information. To 2ustify' the prosecution said that the case of kidnapping )ould not
     prosper against all the accused because the essential elements for the crime of 
    Kidnapping for ransom defined and penalized under Article !" of the R$C is that the
    offender must be a pri#ate indi#idual )hich does not obtain in the case at bar as
    respondents are public officers.

    ,ssue:
    6hether or not the charges should be kidnapping for ransom or Robbery and gra#e
    threats.

    0eld:
    The Court denied the Motion to 6ithdra) information for kidnapping.

    The prosecutor argues that the essence of the crime of kidnapping could not be possibly
    committed by the accused as they are police officers )ho at the time the complainants
    )ere di#ested of cash and personal belongings )ere conducting a police operation to

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    7/25/2019 People of the Philippines vs. Trestiza Digest

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