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10. Kidnapping, et al

Jaime, Andy and Jimmy, laborers in the noodles factory of Luke Tan, agreed to kill him due to his arrogance and miserliness. One afternoon, they seized him and loaded him in a taxi driven by Mario.

They told Mario they will only teach Luke a lesson in Christian humility. Mario drove them to a fishpond in Navotas where Luke was entrusted to Emil and Louie, the fishpond caretakers, asking them to hide Luke in their shack because he was running from the NBI. The trio then left in Mario’s car for Manila where they called up Luke’s family and threatened them to kill Luke unless they give a ransom within 24 hours. Unknown to them, because of a leak, the kidnapping was announced over the radio and TV. Emil and Louie heard the broadcast and panicked, especially when the announcer stated that there is a shoot-to-kill order for the kidnappers. Emil and Louie took Luke to the seashore of Dagat-dagatan where they smashed his head with a shovel and buried him in the sand.

However, they were seen by a barangay kagawad who arrested them and brought them to the police station. Upon interrogation, they confessed and pointed to Jaime, Andy, Jimmy and Mario as those responsible for the kidnapping. Later, the 4 were arrested and charged.

What crime or crimes did the 6 suspects commit? 5%

1 comment:

Anonymous said...

X.

Jaime, Andy, and Jimmy committed the special complex crime of kidnapping with homicide. This special complex crime is committed when the victim is killed as in the case at bar. Although they did not directly participate in the killing of Luke, they should still be made liable for said killing because had they not kidnapped Luke, he would not have been killed.

Emil and Louie committed the crime of murder because they killed a defenseless person. They cannot be made liable for the kidnapping of Luke because the facts do not show that they participated at all in the said kidnapping.

Mario did not commit a crime because he did not have any knowledge and did not participate in the kidnapping and killing of Luke.