329 Phil. 644
MELO, J.:
x x x private complainant Marilyn Bobo y Angeles, a thirty-year old housewife, was, at about 6:30 a.m. on January 5, 1994, with her seven-year old daughter Reynalyn Boco accompanying the latter to her school (TSN, July 30, 1993, pp. 3, 7-8). They were walking along Aragon St., Sampaloc, Manila on the way to Juan Sumulong Elementary School when a black car so heavily tinted stopped near them, and two men with cover on their faces alighted, poked their guns on them and forced them to board the car (Ibid.). Inside the car she saw two more men, and daughter and mother were thereafter blindfolded (Ibid., p. 10). She identified the two other men as accused Ricardo Tazo and Pompeyo Vargas (Ibid.). After travelling for thirty (30) minutes, one of the four (4) men asked Marilyn if she knew the place and when she answered she did not because her eyes were covered, she was informed that they were at Lagro and was ordered to make a telephone call to her husband, instructing her to tell her husband that the latter should come across with P10,000.00 for her and her daughter’s release (Ibid., pp. 10-11). She alighted from the car and after the telephone talk with her husband, with the instruction to deliver the money to Isetann, Claro M. Recto, Manila, the car continued, this time without the cover on their eyes (Ibid., pp. 12-13). She realized they were in Caloocan City where they were brought inside a house which looked like a printing press (Ibid., pp. 13-14). Inside the same she saw three (3) more children one wearing a school uniform with stuffs in their mouths x x x and all tied with hands back x x x (Ibid.). Marilyn was separated from the children and was brought outside the house and instructed to make another telephone call to her husband (Ibid., p. 15). She got to know the place was 4th Avenue, Grace park, Caloocan City (Ibid.). Upon her return to the house, her hands were again tied by the companion of the accused, while the two accused acted as look-outs watching the detained persons (Ibid., p. 16).Accused-appellants press the bizarre and purely self-serving argument that their innocence is proved by their having pleaded"not guilty" to the charges filed against them and, after conviction, their having interposed an appeal. This argument deserves nothing less than peremptory rejection for according it validity would result in the acquittal of all accused who simply enter a not guilty plea, and following conviction, appeal to a higher court.
Thereafter, one of the accused started interviewing her daughter and when she refused to answer, accused Ricardo Tazo slapped her (Ibid.). They then turned on her (Marilyn) instructing her to undress claiming she might have money hidden in her body (Ibid., p. 17). Then she and her daughter began crying, and the accused tried to pacify them offering them food but they refused to eat (Ibid.). She sensed that they were drinking inside the printing press, and later on they began maltreating her daughter and out of pity she revealed the information that she was carrying P5,000.00 at that time (Ibid., p. 18). To put an end to the perilous situation, she gave the money to accused Pompeyo Vargas (Ibid.). They were then told to prepare themselves as they would be brought to Sta. Cruz, Manila near Isetann Department Store (Ibid., p. 19). The two (2) accused with Pompeyo Vargas on the wheel using an owner-type jeep brought daughter and mother [to] Sta. Cruz and released them (Ibid., pp. 19-20). That was about 3 p.m. [when] they went home and [then] reported the matter to the police (Ibid., p. 20). The place was thereafter raided during which the watch of Reynalyn was recovered. The three (3) children left when they boarded the owner-type jeep were no longer there.
(pp. 2-4, Appellee’s Brief, ff. p. 108, Rollo.)