Dear Atty. Angela,

I am the mother of a child who was a victim of a kidnap for ransom. My son was 12-years-old when he was kidnapped outside of the school. The kidnappers called and asked for a P3 million ransom. I coordinated with the police and they helped me rescue my son who delivered the marked ransom money to the accused and arrested them. In the course of the court proceeding, the accused questioned that he cannot be found guilty since the prosecution failed to present the ransom money in court after it got allegedly lost while in police custody. Is this argument valid to acquit the accused from the criminal liability?

Gina

Dear Gina,

Kidnapping for ransom is committed when an individual illegally kidnaps, detains, or deprives another of liberty with the intent to hold the victim captive, demanding a monetary payment or other valuables in exchange for the release.

In the case of People v. Jose Olbato., G.R. No. 276833 (21 January 2026), the Supreme Court (SC) emphasized that the failure to present the ransom money in court did not disprove that ransom had been demanded and paid when the evidence established both.

The SC stressed that actual payment or receipt of the ransom money is not important to prove the crime.

In this case, the SC found that the prosecution proved that ransom was demanded, negotiated, and delivered. The victim’s father testified that the kidnappers called him repeatedly, demanding money for his daughter’s release. Evidence also showed that the ransom money was delivered and received during the police operation.

As such, the accused here cannot be acquitted for the mere defense that the ransom money was not produced when it is proven that the accused kidnapped your son, demanded payment, and the amount was received prior to the arrest.

Atty. Angela Antonio