GR 183479; (June, 2010) (Digest)
G.R. No. 183479; June 29, 2010
PEOPLE OF THE PHILIPPINES, Appellee, vs. JERRY R. PEPINO and DAISY M. BALAAN, Appellants.
FACTS
On October 18, 1997, businesswoman Anita Ching was forcibly taken by four armed men, including appellant Jerry Pepino, from her vehicle in Quezon City. She was detained in a safehouse for nineteen days. During her captivity, she was guarded by ten persons alternately, including appellant Daisy Balaan, who warned her not to escape. The kidnappers demanded a ransom, which was negotiated down to P500,000. The amount was paid, and the victim was released on November 6, 1997, dropped off by Alfredo Pelenio and Daisy Balaan. Pelenio, a co-accused, later admitted his complicity in a letter to the court before being killed in a police shootout.
The prosecution presented the victim’s positive identification of both appellants. Pepino, identified as the group leader, did not testify and merely challenged his warrantless arrest. Daisy denied participation, claiming she first met the victim at the Department of Justice. The Regional Trial Court convicted Pepino as principal and Daisy as an accomplice, imposing the death penalty on Pepino and an indeterminate prison term on Daisy. The Court of Appeals affirmed the convictions.
ISSUE
Whether the guilt of appellants Jerry Pepino and Daisy Balaan for the crime of Kidnapping for Ransom with Serious Illegal Detention was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the convictions but modified the penalties and damages. The prosecution evidence, particularly the victim’s clear, consistent, and credible testimony, established all elements of the crime. Her positive identification of Pepino as one of the armed abductors and of Balaan as a guard who threatened her and participated in her release was categorical and remained unshaken. The defense of denial and alibi proffered by Balaan cannot prevail over this positive identification. Pepino’s failure to testify and present evidence further weakened his defense, as the constitutional presumption of innocence was overcome by the prosecution’s strong proof.
Applying Republic Act No. 9346, which prohibits the death penalty, the Court reduced Pepino’s penalty to reclusion perpetua without parole. The Court also awarded moral damages and exemplary damages to the victim, in addition to the actual damages representing the ransom paid. The awards for civil liability were imposed jointly and severally. The conspiracy among the accused was evident from their collective actions to deprive the victim of her liberty for the purpose of extorting ransom.