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    People v. de La Cruz G.R. No. 173308

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    JP Murao III
    The document summarizes a Supreme Court case from the Philippines regarding a kidnapping for ransom. It describes how Elmer De la Cruz and Tranquilino Martinez, along with others, kidnapped the 8-year-old son of Erwin Ong. Though the police apprehended one kidnapper, Martinez escaped but his home was later searched without a warrant where evidence related to the kidnapping was found. The court upheld the convictions of De la Cruz and Martinez, finding that while the search of Martinez's home may have been unlawful, he waived his right to object by entering a plea without questioning the search's legality. The death penalty sentences were modified to life imprisonment due to the suspension of capital punishment.

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    People v. de La Cruz G.R. No. 173308

    Uploaded by

    JP Murao III
    205 views1 page
    The document summarizes a Supreme Court case from the Philippines regarding a kidnapping for ransom. It describes how Elmer De la Cruz and Tranquilino Martinez, along with others, kidnapped the 8-year-old son of Erwin Ong. Though the police apprehended one kidnapper, Martinez escaped but his home was later searched without a warrant where evidence related to the kidnapping was found. The court upheld the convictions of De la Cruz and Martinez, finding that while the search of Martinez's home may have been unlawful, he waived his right to object by entering a plea without questioning the search's legality. The death penalty sentences were modified to life imprisonment due to the suspension of capital punishment.

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    People v. De la Cruz

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    The document summarizes a Supreme Court case from the Philippines regarding a kidnapping for ransom. It describes how Elmer De la Cruz and Tranquilino Martinez, along with others, kidnapped the 8-year-old son of Erwin Ong. Though the police apprehended one kidnapper, Martinez escaped but his home was later searched without a warrant where evidence related to the kidnapping was found. The court upheld the convictions of De la Cruz and Martinez, finding that while the search of Martinez's home may have been unlawful, he waived his right to object by entering a plea without questioning the search's legality. The death penalty sentences were modified to life imprisonment due to the suspension of capital punishment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    205 views1 page

    People v. de La Cruz G.R. No. 173308

    Uploaded by

    JP Murao III
    The document summarizes a Supreme Court case from the Philippines regarding a kidnapping for ransom. It describes how Elmer De la Cruz and Tranquilino Martinez, along with others, kidnapped the 8-year-old son of Erwin Ong. Though the police apprehended one kidnapper, Martinez escaped but his home was later searched without a warrant where evidence related to the kidnapping was found. The court upheld the convictions of De la Cruz and Martinez, finding that while the search of Martinez's home may have been unlawful, he waived his right to object by entering a plea without questioning the search's legality. The death penalty sentences were modified to life imprisonment due to the suspension of capital punishment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    MURAO, JOSE PEPITO III

    I. Article III Section 2, Warrantless Searches and Seizures, Entry of Plea:

    People v. De la Cruz G.R. No. 173308


    Facts:
    On November 1998, herein petitioners Elmer De la Cruz and Tranquilino Martinez with Aldrin Tano,
    Romeo Dano, and Rex Tarnate planned and executed a kidnap for ransom but only De la Cruz and
    Martinez were charged in this case as Tano became a state witness, Tarnate died of cardiac arrest during
    incarceration, and Dano remained at large. De la Cruz was the driver of Erwin Ong and the former drove
    Ong’s then eight-year-old son, Aaron, to and from Claret school. De la Cruz also knew that his boss was
    quite affluent as have accompanied Erwin to the bank three times.
    After Aaron went to class and was fetched by De la Cruz, the group then handcuffed Aaron and took him to
    a vacant house San Jose del Monte Bulacan. De la Cruz was then left with Aaron in the vacant house while
    the four other kidnappers facilitate extortion of ransom from Erwin Ong. However, before commencing the
    extortion, a Delfin Quinano saw De la Cruz and Aaron Ong in the vacant house and inquired why the two
    were staying in the non-descript house. De la Cruz answered that their car was borrowed for a medical
    emergency but Ong told what he thought was the truth that their car was taken by some men and left them
    there. Upon the insistence of Quinano, they went to the barangay hall to report the taking of their car and it
    was their that Erwin Ong was informed that his son was in the custody of the barangay officials.
    An investigation ensued upon a incident report filed by Erwin and when it was discovered that Tarnate was
    in charge of the vacant house, Tarnate was then apprehended and he immediately implicated the other
    kidnappers involved. Martinez escaped but his house was later searched and Aaron’s bag was found inside.
    When Martinez was finally apprehended, he was shot at the back while merely walking along Roxas
    Boulevard. The Regional Trial Court and Court of Appeals convicted De la Cruz and Martinez of kidnap
    for ransom and were sentenced to death.
    Issue:
    W/N warrantless search and arrest made on Martinez was valid?
    Held:
    YES. Although the search and arrest may have been unlawful, Martinez is deemed to have waived his right
    to question such arrest and search when he never questioned its legality before voluntarily entering his plea.
    The correct remedy is to first, file a motion to quash the information for lack of jurisdiction but in the case
    at hand, the same was not availed of, as such, this appeal shall be dismissed.
    RTC and CA decisions are AFFIRMED with modifications pertaining to the penalty of death as reclusion
    perpetua is proper since the death penalty has been suspended.

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