G.R. No. 130843. January 27, 2000.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ZOILO “Sonny” BORROMEO Y ALFARO, accused-appellant.

FACTS

Accused-appellant Zoilo Borromeo, a former bakery helper discharged by Rowena Hernandez, kidnapped her one-year-and-seven-month-old son, Kenneth, on January 3, 1996. The child’s nursemaid, Annabelle Ponon, handed Kenneth over to Borromeo after he falsely claimed that Rowena had sent him to fetch the boy for shoe measurement. Upon realizing her mistake, Annabelle reported the incident to Kenneth’s father, Nelson. Their search proved futile, and they reported the matter to the police.
The following day, Rowena received a telephone call from Borromeo demanding a P300,000 ransom for Kenneth’s release, which was later negotiated down to P250,000. Nelson, coordinating with the Pasay police, participated in an entrapment operation. He handed over marked money to Borromeo at a designated meeting place near Baclaran Church, where the accused was promptly arrested. Borromeo then led the police and the parents to Alfonso, Cavite, where Kenneth was found hidden in a hut.

ISSUE

Whether the prosecution proved beyond reasonable doubt that accused-appellant Zoilo Borromeo is guilty of the crime of kidnapping a minor for ransom under Article 267 of the Revised Penal Code, as amended.

RULING

Yes. The Supreme Court affirmed the conviction. The Court meticulously evaluated the records and found the prosecution’s evidence clear, convincing, and sufficient to establish Borromeo’s guilt beyond reasonable doubt. The trial court’s factual findings, which are accorded great weight and respect, were upheld. The prosecution positively established all elements of the crime: (1) Borromeo took the minor child, Kenneth Hernandez, without lawful authority; (2) the act deprived the child of his liberty; and (3) it was committed for the purpose of extorting ransom.
Borromeo’s defense—that he had parental permission to take the child for a stroll and merely failed to return him promptly—was correctly rejected by the trial court as insipid and weak. It was overwhelmingly contradicted by the credible and consistent testimonies of the child’s parents, the nursemaid, and the police officers, as well as by the evidence of the ransom demand and the successful entrapment. The crime, kidnapping a minor for ransom, carries the supreme penalty of death under Article 267. The Court found the imposition proper, though it modified the award of moral damages to P100,000.00. The decision was affirmed with modification.