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    People Vs Gambao

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    Rolan Klyde Kho Yap
    Thian Perpenian was accused of being an accomplice to the kidnapping of Lucia Chan for ransom. The Supreme Court ruled that Thian should be considered an accomplice because she was present at the cottage where Chan was detained and failed to report the crime to authorities, thereby providing moral support to the kidnappers. As an accomplice rather than a principal, Thian should receive a lesser penalty according to the rule that an offender's participation should be considered as an accomplice in cases of doubt.

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    People Vs Gambao

    Uploaded by

    Rolan Klyde Kho Yap
    186 views1 page
    Thian Perpenian was accused of being an accomplice to the kidnapping of Lucia Chan for ransom. The Supreme Court ruled that Thian should be considered an accomplice because she was present at the cottage where Chan was detained and failed to report the crime to authorities, thereby providing moral support to the kidnappers. As an accomplice rather than a principal, Thian should receive a lesser penalty according to the rule that an offender's participation should be considered as an accomplice in cases of doubt.

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    Digest

    Original Title

    97. People vs Gambao

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    Thian Perpenian was accused of being an accomplice to the kidnapping of Lucia Chan for ransom. The Supreme Court ruled that Thian should be considered an accomplice because she was present at the cottage where Chan was detained and failed to report the crime to authorities, thereby providing moral support to the kidnappers. As an accomplice rather than a principal, Thian should receive a lesser penalty according to the rule that an offender's participation should be considered as an accomplice in cases of doubt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    186 views1 page

    People Vs Gambao

    Uploaded by

    Rolan Klyde Kho Yap
    Thian Perpenian was accused of being an accomplice to the kidnapping of Lucia Chan for ransom. The Supreme Court ruled that Thian should be considered an accomplice because she was present at the cottage where Chan was detained and failed to report the crime to authorities, thereby providing moral support to the kidnappers. As an accomplice rather than a principal, Thian should receive a lesser penalty according to the rule that an offender's participation should be considered as an accomplice in cases of doubt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People vs Gambao

    GR No. 17277
    October 01, 2013
    PEREZ, J.

    Issue:
    Whether Thian Perpenian be considered as an accomplice to the crime

    Facts:
    This case was a crime of Kidnapping for ransom. One day, a person, went to the
    residence of the victim, Lucia Chan, a fish dealer, to inquire about a certain passport alleged to
    have been mistakenly placed inside a box of fish to be delivered to her. However, the box of fish
    has yet to arrive that day, thus the said person left. The next day, the same person returned with
    an unidentified companion, thereat, the unidentified companion pointed his gun at Chans son,
    Levy Chan (Levy). Her son Levy tried to stop the man from taking Chan, but to no avail because
    he was at gunpoint. Levy thereafter proceeded to the Police Headquarters to report the incident.

    After travelling for about two hours, the group of kidnappers stopped at a certain house
    where more kidnappers are present. There, they threatened Chan that she would be killed unless
    she paid 20 Million Pesos. After 2 days of detention, the victim was brought to another house
    where another set of kidnappers were present, there she saw Thian Perpenian (Thian). Thereafter,
    a ransom and the meeting place were negotiated. With police intervention, Chan was safely
    rescued and the ransom money was recovered.

    The RTC ruled for the death of ten (10) apprehended accused, and a reclusion perpetua
    for Thian who was learned to be a minor. Thus the case was raised to the Supreme Court.

    Decision:
    Yes, Thian should be considered as an accomplice to the crime. Settled is the rule that
    being present and giving moral support when a crime is being committed will make a person
    responsible as an accomplice in the crime committed. As a rational person, Thian was expected
    to report the incident to the police authorities. Here, Thian failed to report the said incident and to
    add to that, she even spent the night at the cottage. Thus, being present and giving moral support
    when a crime is being committed is attended.

    Also, the testimony of the victim that she saw Thian entered the room talking to other
    accused of things not related to the crime is not sufficient evidence to hold Thian as principal to
    the crime. Settled is the rule that in case of doubt, the participation of the offender will be
    considered as that of an accomplice rather than that of a principal. Therefore, the Court opines
    that Thian should not be held liable as a co-principal, but rather only as an accomplice to the
    crime.

    RKKY Digest

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