GR 188105; (April, 2010) (Digest)
G.R. No. 188105, April 23, 2010
People of the Philippines, Plaintiff-Appellee, vs. Monico De Chavez y Perlas, Juanito Miñon y Rodriguez, and Asuncion Mercado y Marciano, Accused-Appellants.
FACTS
An Information was filed charging accused-appellants Juanito Miñon, Asuncion Mercado, Monico De Chavez, and Joselito Lanip with Kidnapping for Ransom under Article 267 of the Revised Penal Code. The prosecution alleged that on August 14, 1998, at the Christian School International in U.P. Los Baños, the accused, conspiring together, forcibly took Paolo Earvin Alonzo for the purpose of extorting a P4,000,000 ransom. Paolo testified that Asuncion, pretending to be from Zamboanga, lured him from his classroom by falsely claiming his grandfather had an accident. He was taken to a Ford Fiera where Monico and Juanito were present. He was later bound, blindfolded, and held captive for 11 days. His grandmother, Corazon Alonzo, testified about receiving ransom demands. The victim was rescued in Nasugbu, Batangas, on August 25, 1998. Chief Inspector Asprinio Cabula of the PAOCTF testified on the rescue operation and the arrests. Daisy Janope, a Smart employee, presented evidence linking a cellphone registered to a “Myrna Mendoza” to calls made to the Alonzo residence from Batangas. The defense presented alibis and claimed Monico was the mastermind who coerced Juanito and Asuncion. The Regional Trial Court convicted Monico De Chavez, Juanito Miñon, and Asuncion Mercado, sentencing them to death, but acquitted Joselito Lanip. The case was elevated to the Supreme Court and subsequently transferred to the Court of Appeals for intermediate review.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of accused-appellants Juanito Miñon and Asuncion Mercado for the crime of Kidnapping for Ransom.
RULING
The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals with modification. The Court found the testimonies of the victim, Paolo Alonzo, and his grandmother, Corazon Alonzo, to be credible and consistent, positively identifying the accused-appellants’ participation. The defense of alibi and claim of coercion by Monico De Chavez were rejected for being weak and uncorroborated. The Court upheld the finding of conspiracy among the accused. However, pursuant to prevailing jurisprudence, the penalty was reduced from death to reclusion perpetua, as the kidnapping was not proven to have resulted in the death of the victim or was committed with certain aggravating circumstances. The conviction of accused-appellants Juanito Miñon and Asuncion Mercado for Kidnapping under Article 267 of the Revised Penal Code was affirmed.
