SC upholds conviction of Bellosillo siblings’ kidnapper

The Supreme Court upheld the conviction of a kidnapper arrested by agents of the defunct Presidential Anti-Crime Commission (PACC) 11 years ago.

In an en banc decision by Associate Justice Romeo Callejo, the SC affirmed the decision of the Court of Appeals, which affirmed in toto the decision of the Quezon City Regional Trial Court (RTC) Branch 95 convicting Roque Garalde of kidnapping and serious illegal detention.

According to court records, Roque and Alma Tan Garalde were charged with illegal possession of firearms before the Quezon City RTC Branch 79 on Sept. 9, 1994.

Seized from them were two M-16 rifles, two rifle grenades and 125 M-16 ammunition rounds. Later, Roque was cleared by the Quezon City RTC of the illegal possession of gun charges but was charged with kidnapping and serious illegal detention along with Alma, Kil Patrick Ibero and several unidentified persons.

Alma and Ibero''s conviction was upheld by the SC in an earlier ruling.

Records showed that, on Aug. 9, 1994, the Garaldes, Ibero and the other unidentified persons kidnapped at gunpoint Paolo Bellosillo, 13; John Bellosillo, 8; and Niño Bellosillo, 11, their nannies Dianita Bebita and Janilyn Dumagpi and driver Antonio Paquera.

The victims were on their to the Ateneo de Manila University when their Toyota Lite Ace van was blocked by the kidnappers, who were riding a taxicab at 6:30 a.m. along Scout Limbaga Street in Quezon City.

The kidnappers commandeered the van and blindfolded the victims with packaging tape before taking them to a safehouse and demanding a P10 million ransom. The victims’ family however was only able to raise P410,000 in cash and P80,000 worth of jewelry.

Two days after the ransom was given, the victims were released on Aug. 18, 1994 in Novaliches, Quezon City.

Operations by PACC agents led by then Supt. Michael Ray Aquino later led to the arrests of Alma, Ibero and Nelson Lopez. The three were charged after the victims identified them as their kidnappers. PACC agents arrested Roque on April 26, 1996.

Roque did not testify during trial at the Quezon City RTC, but presented then Police Major Wilfredo Reyes – then the chief for intelligence of Task Force Habagat – as a witness. Reyes said that, as one of the team leaders in the surveillance conducted during the ransom negotiations and payoff, he did not encounter Roque’s name.

The Quezon City RTC convicted Roque of kidnapping after giving credence to the testimonies of Paolo and Bebita. On Nov. 29, 2005, the Court of Appeals affirmed the RTC’s decision prompting Roqueto elevate the case to the SC.

In affirming Roque’s conviction for kidnapping, the SC said the CA did not err in affirming the RTC’s imposition of the death penalty. However, the SC said the penalty of life imprisonment without the possibility of parole should be imposed, as the imposition of the death penalty is now prohibited with the enactment of Republic Act 9346 on June 24, 2006. – Mike Frialde