Two of the 13 suspects, who earlier kidnapped the son of former Vice President Emmanuel Pelaez, were sentenced Monday to reclusion perpetua or a maximum of 40 years imprisonment without eligibility of parole after they were accused of kidnapping and serious illegal detention by the victim for keeping him for 51 days and demanding ransom of P100 million in 2000 in Cagayan de Oro City.
In a 19-page decision, Judge Manuel Barrios, of the Manila RTC Branch 54, found Rakman Abby and Isidoro Balcita III guilty beyond reasonable doubt of the crime of kidnapping for ransom and serious illegal detention, punishable under Article 267 of the Revised Penal Code as amended by RA 7659 of the Revised Penal Code.
Barrios also ordered the two convicts to indemnify kidnap victim, banker Enrique Fabella Pelaez, in the amount of P1 million as moral damages and P200,000 as temperate damages.
Pelaez is the son of former Vice President Emmanuel Pelaez.
The victim was an investment banker and the managing director of the Mindanao Development Bank, which was acquired by and later became Equitable-PCI Bank, at the time of his abduction.
Aside from Abby and Balcita, also charged were Faisal Marohombsar alias “Commander Mubarak II” and “Commander Malvar,” Mohammad Achmad, Ismael Marohombsar, Rukman Sultan, Macaumbao Marohom, Cairoden Marohombsar, a certain” Engineer,” “Monsur,” Agat,” “Nasser,” “RC” and several John Does.
With respect to accused Faisal Marohombsar and Mohammad Achmad who were reported to have respectively died on Aug. 25, 2002 and June 12, 2003 but whose official death certificates were not presented and filed in the records, the court “declares for the record that in light of the extant evidence, a similar finding of guilt and imposition of penalty would have been meted each of them.” On the other hand, the case against suspect Ismael Marohombsar was dismissed due to his death on Dec. 27, 2006, duly proven by his certificate of death.
Faisal Marohombsar who was arrested during the rescue operation on Jan. 13, 2001 escaped from his detention cell on June 18, 2002. However, on Aug. 25, 2002, Marohombsar was reported in news accounts and in newspapers to have been killed in a shootout in Cavite. However, no official death certificate was ever submitted to the court, said the judge.
Accused Rukman Sultan, alias “Alex” but was arraigned was later admitted in the Witness Protection Program.
Accused Mohammad Achmad was also reported to have died on June 17, 2003 while in detention.
Faisal, leader of the group, escaped from detention in June 2002 and was reportedly killed in a shootout in Cavite on August 2002 during a police raid where two kidnap victims were rescued. Achmad and Ismael reportedly died while in detention, and Sultan was dropped from the charges after turning state witness.
Macaumbao, Cairoden, and the five known only by their aliases remain at large to date.