A, an OFW, worked in Kuwait for several years as a chief accountant, religiously sending to his wife, B, 80% of all his earnings. After his stint abroad, he was shocked to know that B became the paramour of a married man, C, and that all the monies he sent to B were given by her to C. To avenge his honor, A hired X, Y and Z and told them to kidnap C and his wife, D, so that he can inflict injuries on C to make him suffer, and humiliate him in front of his wife. X, Y and Z were paid P20,000.00 each and were promised a reward of P50,000.00 each once the job is done.
At midnight, A, with the fully armed X, Y and Z, forcibly opened the door and gained entrance to the house of C and D. C put up a struggle before he was subdued by A’s group. They boarded C and D in a van and brought the two to a small hut in a farm outside Metro Manila. Both hands of C and D were tied. With the help of X, Y and Z, A raped D in front of C. X, Y and Z then took turns in raping D, and subjected C to torture until he was black and blue and bleeding profusely from several stab wounds. A and his group set the hut on fire before leaving, killing both C and D. X, Y and Z were paid their reward. Bothered by his conscience, A surrendered the next day to the police, admitting the crimes he committed.
As the RTC judge, decide what crime or crimes were committed by A, X, Y and Z, and what mitigating and aggravating circumstances will be applied in imposing the penalty. Explain. (5%)
Suggested answer only. Not an official answer and not legal advice.
A, X, Y, and Z committed two counts of Kidnapping with Murder. Under Article 267 of the RPC, killing victims during detention constitutes Kidnapping with Murder, absorbing accompanying rapes and arson. Passion and obfuscation and voluntary surrender mitigate A's
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Quick check
What crime is committed when the victims of kidnapping are killed while being detained by the offenders?
Killing the victims during detention makes the offense the special complex crime of Kidnapping with Murder.
What is the effect on the rapes, torture and arson committed while C and D were detained?
Offenses committed on the occasion of the kidnapping are absorbed into the special complex crime.
Which mitigating circumstances may be appreciated in favor of A?
A acted from passion caused by his wife's infidelity with C and surrendered to the police the next day.
Why are X, Y and Z liable with the aggravating circumstance of price or reward?
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Which group of circumstances aggravated the commission of the crimes by A, X, Y and Z?
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1. Kidnapping with Murder as a Special Complex Crime
Under Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659, when the victim of kidnapping or serious illegal detention is killed or dies as a consequence of the detention, or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed. The law treats the kidnapping and the resulting killing as a single special complex crime. Here, A, X, Y and Z forcibly took C and D from their house, detained them in a hut with their hands tied, and killed both before leaving. Since the two victims were killed during their detention, the offenders committed two counts of Kidnapping with Murder.
2. Absorption of Rape, Torture and Arson
In a special complex crime, the other offenses committed on the occasion of the kidnapping are not prosecuted separately but are absorbed into the single composite offense. The rapes of D, the torture and stabbing of C, and the burning of the hut were all committed while C and D were detained. These acts are therefore absorbed into the Kidnapping with Murder and do not give rise to separate convictions for rape, serious physical injuries or arson.
3. Mitigating Circumstances
Under Article 13 of the Revised Penal Code, passion or obfuscation and voluntary surrender mitigate criminal liability. A acted after discovering that his wife B had become the paramour of C and had given C all the money he sent from abroad, which produced passion and obfuscation. A also surrendered to the police the next day and admitted his crimes. These mitigating circumstances are personal to A and do not benefit X, Y and Z, who acted for money.
4. Aggravating Circumstances
Under Article 14 of the Revised Penal Code, the crimes were aggravated by price or reward, since X, Y and Z were paid P20,000.00 each and promised P50,000.00 more. They were also aggravated by dwelling, because the group forced entry into the house of C and D; nighttime, because the attack was at midnight; band, because more than three armed malefactors acted together; treachery, because the victims were killed while their hands were tied; and use of fire, because the hut was set on fire to kill the victims.