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Saturday, February 08, 2003
Judge rules death for Yu kidnappers
By Grecar A. Nilles
CEBU -- Two of the five Mindanao men accused of kidnapping Ryan James Yu, a minor, were meted the death penalty Friday, 18 months after the crime.
With fists clenched and heads bowed, Roberto Galope and Jovencio Camado, both fathers of three, yesterday said they will just leave it to God to support their families, now that they face death.
Regional Trial Court Branch 22 Judge Pampio Abarintos, who is known for being religious, was teary-eyed as the 16-page decision was read in yesterday's promulgation that lasted for an hour.
The case of former policeman Engilberto Durano, who allegedly masterminded the kidnapping, is still pending before Abarintos' sala.
Durano is being tried separately because he was arrested when the hearing against the five Mindanao men was about to end.
Before he called for a 10-minute recess after the promulgation, Abarintos ordered to immediately send the records of the case to the Supreme Court for automatic review.
However, Abarintos acquitted Henry Hernandez, 35, after the prosecution failed to prove his involvement in Yu's kidnapping on July 23, 2001 in Lahug, Cebu City.
Henry's brother, Efren, was not as lucky. Abarintos sentenced him to suffer at least 20 years in jail for being an accomplice.
The fifth accused, Edgar Manimog, who acted as accessory, was slapped with a 12-year prison term.
The four convicted Mindanao men were also ordered to pay the victim P75,000 as indemnity.
"I never thought it would come to this. I disagree with the decision. What will happen to my family?" Galope said in Cebuano.
Yu, wearing his school uniform, sat silently beside half-brother Jon Marc Gacayan at the back of the courtroom.
"I am happy with the decision. Thank you," Yu said later.
Yu, who was then 11 years old, was walking to school with their houseboy when he was grabbed by men aboard a motorcycle. Before ransom could be paid, he was rescued from a safehouse.
Not satisfied
Unlike him, private prosecutor Dave Duallo was not satisfied with the decision, saying they might question the difference in the penalty imposed on the five men.
"We have proven conspiracy, so it is expected that they should be meted with the same penalty," Duallo said.
Assistant City Prosecutors Tolomeo Dinoy and Fernando Gubalane, who prosecuted the case, said they will study the decision as to what legal moves to do next.
Abarintos, in convicting four of the five accused, gave weight to the testimony of accused-turned-state witness Oster Repollo.
"The court sees no motive on the part of Repollo to implicate the other accused. In order to come up with this very plausible and convincing story, witness must have that degree of proficiency of an expert scriptwriter to be able to fit the different persona and their respective roles in his narrated story of the kidnapping," Abarintos said.
He said Repollo's testimony was so detailed that he even remembered what they were wearing, the kind of rope used in tying Yu's hands and their travel itinerary, among others.
"This court repeats with emphasis the spontaneity of each statement made by (Repollo) during his examination. His personal knowledge with regards the identity of each co-accused and their respective assignments strengthened the stand of the prosecution," the 16-page decision read.
The five accused earlier used the defense of alibi and denial.
Abarintos was also convinced that the crime was kidnap-for-ransom because of the ransom note to the Yu family that Ryan would be freed only upon payoff.
He added that even if the kidnappers failed to take the ransom money or the victim was voluntarily freed, it does not lower the penalty of death.
"From the meeting that transpired at the safehouse on Mahogany St. the night before the (kidnapping, and from that meeting in Coaco Beach (in) Davao as regards the pay-off, it is clear that the accused confederated and conspired with one another to effectively carry out the planned kidnapping," Abarintos said.(Sun.Star Cebu) |
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