Leung, Tingal murder case: CA reverses ruling, clears 3 suspects of carnap raps

BAGUIO CITY – The Court of Appeals dismissed charges against three students accused in the carnapping case filed in connection with the abduction and eventual death of University of the Philippines College-Baguio student Gian Carlo Leung and UP alumna Carla Tihani Tingal.

The CA reversed a decision handed down by Branch 6 of the Regional Trial Court here on Oct. 15, 2004.

The decision convicted Raymond Testado, Henry “Bong” Sison, and Ronald Domalina for carnapping in relation to the abduction and death of Leung and Tingal.

On March 11, 2001, the bodies of Leung and Tingal were found in Pampanga following their disappearance in this mountain resort city three days earlier.

The accused pleaded not guilty to the crime of carnapping, but were sentenced by Judge Ruben Ayson to a maximum imprisonment of 14 years and were ordered to pay P569,000, which represented the value of the carnapped vehicle.

The CA ruling reversing the lower court’s decision was due to insufficiency of evidence.

The appellate court concluded there was no direct evidence proving that the three accused actually took the vehicle, a red Toyota Corola sedan with license plate number UBS-538, which was reportedly used by Leung to fetch Tingal before their disappearance.

Further, the CA stated that lacking any direct evidence on record, the RTC relied on circumstantial evidence in convicting the three accused.

Subsequently, the prosecution failed to prove the first and most basic element of the crime of carnapping, which is the actual taking of the vehicle.

Records show that the convicted suspects were young then, Domalina was just 18 years old, and Tesda and Sison were barely in their 20s, when they were accused of the crime on March 17, 2001.

Lawyers of the accused expressed hopes that the three would also be acquitted in the related case of kidnapping with homicide pending before the RTC Branch 65 in Villasis, Pangasinan. -- Dexter See