Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region, Branch 31
San Pedro, Laguna

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus-

CRIM. CASE NO. 4554-SPL

PRUDENCIO SANTIAGO y MALIKSI,

ET AL.,
Accused,
x------------------------------------------x

S T A T E M E N T

O F

F A C T S

In one afternoon of December 2, 2003, complainant Engr. Eufronio Jose Naga y Viria, was driving
somewhere at Sta. Mesa near SM Centerpoint when an armed man boarded in the complainants vehicle
then pointed a gun. The armed man instructed the complainant to drive and park to a place in Sta. Mesa
were there are plenty of motels. Because of fear, complainant followed the instructions of the armed man.
When they have reached the place, the armed man made a phone call. A few moments later, three more
armed men came and boarded complainants vehicle.
The complainant was instructed again to drive but he did not follow the instructions accordingly.
This caused him to be pulled away from the drivers seat to the rear portion of the vehicle by the armed
men. Then complainants hands were tied with an electric wire and made to wear shades with two pieces of
gauze on the lenses. However, the gauze were very thin, complainant was able to see the events
thereafter.
The first man who boarded the vehicle took over the wheel then drove until they have reached an
old house in Carmona. In the old house, there were six to seven persons waiting for them. Complainant
was removed from his vehicle and was placed inside the old house. They tied complainants legs using the
same electric wire to tie his hands and replaced the blindfold with a masking tape.
Complainant was physically abused by hitting his face, arms, head and several parts of his body by
the abductors. They took the complainants cellphone and money from his wallet. When he was fed by the
abductors, somebody will cock a gun on his head trying to threaten the complainant.

Criminal Case No. 4554SPL

Page 2 of 9

The following day, the abductors called the wife of the complainant and asked for a ransom of two
million pesos (P 2,000,000.00). Complainant was able to talk to his wife for about thirty second to one
minute.
On December 4, 2003, after feeding by the abductors, someone placed four (4) bullets on the
hands of the complainant. He was asked to choose which among the bullets is to be used to shoot him.
Complainant was terrified. Then they asked for his wedding ring and ATM card.
The next day, complainant heard fast movements, commotion and footsteps. Then next he heard
gunshots inside the house. A man with a long gun uttered Jose, Jose Naga rescue kami. Complainant
made himself recognized to the rescuers and was removed from the house. He was taken to a van and
was transferred to another car then was brought to Camp Crame where his family waiting for him. Medical
examinations were taken afterwards.

A R G U M E N T
Article 267 of the Revised Penal Code defines the crime of kidnapping and serious illegal detention
and provides for its punishment. The elements of the crime of kidnapping and serious illegal detention are:
(1) that the offender is a private individual; (2) that he kidnaps or detains another, or in any manner
deprives the latter of his liberty; (3) that the act of detention or kidnapping must be illegal; (4) that in the
commission of the offense, any of the following circumstances is present (a) that the kidnapping or
detention lasts for more than 3 days; (b) that it is committed simulating public authority; (c) that any serious
physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d)
that the person kidnapped or detained is a minor, female, or a public officer. The penalty of reclusion
perpetua to death shall be imposed if it is proved beyond reasonable doubt the crime of kidnapping and
serious illegal detention has committed, if the crime was committed for the purpose of extorting ransom
from the victim or any other person, even if none of the circumstances mentioned in the fourth element of
kidnapping and serious illegal detention is present the penalty imposable shall be death.
It is important to identify whether the offender is a private person or a public official. If the offender
is a public official who have a duty under the law to detain person, the act will fall under Arbitrary Detention
found in Article 124 of the Revised Penal Code. Hence, if the offender also a public official who has no such
duty to detain person and detains a person, shall be liable of Kidnapping and serious illegal detention
defined in Article 267 of the same code for his acts is not by virtue of an order of a competent authority or
not permitted by law.

Criminal Case No. 4554SPL

Page 3 of 9

In connection with the testimony given by the victim Eufronio Jose y Naga during the direct examination on
July 14, 2004, it can be ascertain that the offenders were not public officials being armed with gun and
boarded the victims vehicle without any legal purpose.
PROS. Villanueva: What happened while you were driving your vehicle, an Isuzu
Crosswind in the vicinity of SM Centerpoint, Sta. Mesa,
Manila?
Eufronio Jose y Naga: Surprisingly, a man got inside my van and pointed a gun
on my head, sir.1

PROS. Villanueva: And what was the result of your waiting for 15 to 30 minutes?
Eufronio Jose y Naga: After waiting, three (3) men approached the vechicle, sir.
PROS. Villanueva: What happened after three (3) men approached your vehicle?
Eufronio Jose y Naga: These three (3) men boarded the vehicle, sir.
PROS. Villanueva: What happened next, after these three (3) men boarded your
vehicle?
Eufronio Jose y Naga: Immediately after boarding the vehicle, they closed the
door, sir.2

PROS. Villanueva: What happened next after the car was parked?
Eufronio Jose y Naga: I saw people there in the house, sir.
PROS. Villanueva: How many persons did you see?
Eufronio Jose y Naga: Between six (6) to seven (7) people, sir.
PROS. Villanueva: Where were these people positioned?
Eufronio Jose y Naga: Beside the door of the house, sir.3

In the second element of kidnapping and serious illegal detention any of the two acts must concur,
the act of detaining or the act deprivation of liberty of the victim. The act of deprivation of liberty was
established according to the victims testimony.
PROS. Villanueva: What happened while you were driving your vehicle, an Isuzu
Crosswind in the vicinity of SM Centerpoint, Sta. Mesa,
Manila?

1 TSN pg. 5 July 14, 2004

2 TSN pg. 10 July 14, 2004
3 TSN pg. 15 July 14, 2004

Criminal Case No. 4554Eufronio Jose y Naga: Surprisingly, a man got inside my van and pointed a
SPL
gun on my head, sir.
Page 4 of 9
PROS. Villanueva: What kind of gun was this?
Eufronio Jose y Naga: It was a revolver, sir.4

PROS. Villanueva: After this man pointed a gun at you, what happened next?
Eufronio Jose y Naga: He instructed me to drive along and turn right to
Magsaysay Street, sir.

PROS. Villanueva: Did you follow his instruction?

Eufronio Jose y Naga: Yes, sir.
PROS. Villanueva: What happened next after he instructed you to drive along
Magsaysay Street?
Eufronio Jose y Naga: He said that I have to follow his instruction, or else
may kalalagyan ka, sir.
PROS. Villanueva: What do you understand by the word may kalalagyan ka?
Eufronio Jose y Naga: Papatayin niya ako, or something, sir.5
..
PROS. Villanueva: What do you feel after this man told you sumunod ka kung
hindi may kalalagyan ka?
Eufronio Jose y Naga: I was very terrified, sir.
PROS. Villanueva: After that, what happened next?
Eufronio Jose y Naga: I followed his instruction, sir.
PROS. Villanueva: Did you follow with your own free will?
Eufronio Jose y Naga: No, sir, I was forced by the circumstances to follow his
instruction.6

The act of the offender of pulling a gun against the head of the victim constitutes deprivation of liberty. The
victim was threatened and intimidated by the presence of the armed men boarded his vehicle and was
forced to drive according to their instruction for he feared that he will be killed if he did not follow. Another
act deprivation of liberty was established when the offenders tied the limbs of the victim as stated in the
latters testimony.
4 TSN pg. 5 July 14, 2004
5 TSN pg. 6 July 14, 2004
6 TSN pg. 7 July 14, 2004

PROS. Villanueva: Did you follow the instruction?

Eufronio Jose y Naga: No, sir.
PROS. Villanueva: What happened after you did not follow the instruction?
Eufronio Jose y Naga: They pulled me from my position, the drivers seat to the
rear position of the vehicle, somebody kicking me in the

Wherefore, it is most respectfully prayed that this pleading be noted.

Respectfully submitted.
Malolos City, Bulacan
March 16, 2013

Justine Dawn G. Santos

JD 1-A (Legal Writing)
Bulacan State University
College of Law
City of Malolos, Bulacan

Copy furnished:
Atty. Jose V. Covarrubias III
Bulacan State University
City of Malolos, Bulacan