Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Roluna (G.R. No. 101797)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is Abundio
Roluna. In the case at bar, on May 27, 1984, wintss Conrado Sombilon said that he was on his
way to sitio Bungabungan in Rarangay Amguhan to attend to the pasture of his carabao. At a
distance of about 30 meters, he saw Anatalio Moronia, stopped in his tracks and taken captive by
the herein accused Abundio Roluna, accompanied by seven other persons. The herein accused
Roluna was armed with an armalite while his companions were carrying short firearms. Using an
abaca strip, he saw Carlos Daguing tie up the hands of Moronia at the back. Frightened, he did
not shout for help and proceeded on his way. With the exception of his wife, he did not inform
anyone about what he saw that fateful day. From that time on, both witnesses testified that
Moronia was never seen or heard from. The accused contends that the testimony of the
prosecution was malicious. Saying that it hey had ill-feeling towards him which is why they are
imputing such allegations. The RTC of Baybay, Leyte rendered a decision founding the appellant
guilty for Kidnapping with Murder

Issue: Is the appellant guilty of Kidnapping with Murder

Held: The Supreme Court said that the trial court did not find appellant liable for kidnapping
with murder. It is for the reason that no body or evidence was produced so as to say that the
victim was killed by the appellant and seven others. They also said that the circumstances
presented by the prosecution would not be enough to hold accused-appellant responsible for the
death of Moronia. Hence, the appellant is only guilty of slight illegal detention