G.R. NO.

148518 APRIL 15, 2004

PEOPLE OF THE PHILIPPINES

VS.

NARCISO SALDANA, ELMER ESGUERRA, FERNANDO MORALES AND ARTURO MALIT

FACTS:

On November 9, 1994, Saldana, Esguerra, Morales, and Malit conspired and mutually helped
one another to abduct and kidnap Jefferson Tan, Joanna Tan, Jessie Tan, Malou Ocampo and Cesar
Quiroz on board an L-300 Van along the highway in Bacolor, Pampanga, for the purpose of extorting
ransom money from the parents of the said victims with threat to kill the said victims if their parents
failed to deliver the ransom money, that said victims were brought and detained in Bataan until the
father of victims, Feliciano Tan, paid and delivered to the aforesaid accused the amount of ₱92,000.00,
Philippine Currency.

ISSUE:

Whether or Not the Trial Court erred in not granting the exempting circumstances of irresistible
force and/or uncontrollable fear of an equal or greater injury

RULING:

No. According to the ruling in the case of People v. Del Rosario. Under Article 12 of the Revised
Penal Code, a person is exempt from criminal liability if he acts under the compulsion of an irresistible
force, or under the impulse of an uncontrollable fear of equal or greater injury, because such person
does not act with freedom. In Del Rosario, however, we held that for such defense to prosper the
duress, force, fear intimidation must be present, imminent and impending, and of such nature as to
induce a well-grounded apprehension of death or serious bodily harm if the act be done. A threat of
future injury is not enough

By not availing of the chance to escape (since the other accused were waiting for them at the
distance of 1 kilometer) their allegation of fear or duress becomes untenable, for it to apply: it is
necessary that the compulsion be of such a character as to leave no opportunity to escape or self-
defense in equal combat.

The fear (threats against family members), were not of imminence as to prevent any chance of
escape, and that this fear they allegedly suffered does not suffice to grant them the exempting
circumstance