In acquitting Rafael Engel, Judge Reynaldo Alhambra of MTC Branch 53 said the prosecution failed to prove his guilt beyond reasonable doubt on the charges of kidnapping Daisy on Aug. 10, 1995. Alhambra said the prosecution’s case against Rafael as the mastermind of the alleged kidnapping of Daisy is heavily anchored on the testimonies of witness Joseph Lim, who admitted participating in the commission of the crime.
Lim, who was then under the Witness Protection Program (WPP) told the court that he, together with a group of men abducted Daisy along Taft Avenue, in front of the Bank of Commerce.
The judge said Lim gave "damning admission that he was recruited to become a driver for the Bamboo Gang, and kidnapping Daisy was just a side mission to their alleged primary purpose of transporting 428 kilos of shabu to a buyer in Tuguegarao, Cagayan.
Prior to the incident, Lim, who served as a driver of one of the suspects’ vehicles, said his group monitored the activities of Daisy, when she came out of their beerhouse in Ermita, Manila and boarded her Honda Civic. While cruising San Andres, the victim sensed she was being followed and sped off, prompting the suspects to give chase. The victim was cornered on Taft Avenue, where Daisy was dragged to the suspects’ Land Cruiser at gunpoint.
Lim added their group went to Tuguegarao, where they left the victim’s car. However, he did not mention what they did with Daisy’s body.
The alleged abduction took place after Daisy and Rafael decided to end their four-year relationship.
In his 14-page decision, Alhambra said Lim’s testimonies did not provide clear, convincing and adequate basis for arriving at an undisputable conclusion that Rafael has any criminal participation in kidnapping Daisy. – Cecille Suerte Felipe