G.R. No. 201443; April 10, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BETTY SALVADOR y TABIOS, MONICO SALVADOR, MARCELO LLANORA, JR. y BAYLON, ROBERT GONZALES y MANZANO, RICKY PEÑA y BORRES @ RICK, ROGER PESADO y PESADO @ GER, JOSE ADELANTAR y CAURTE, LOWHEN ALMONTE y PACETE, JUBERT BANATAO y AGGULIN @ KOBET, and MOREY DADAAN, Accused-Appellants.

FACTS

This is an appeal from a Court of Appeals (CA) Decision affirming, with modifications, the conviction by the Regional Trial Court (RTC) of Quezon City of the accused-appellants for the kidnapping for ransom of Albert Yam y Lee (Albert). The RTC sentenced them to reclusion perpetua and ordered them to solidarily pay Albert PhP 100,000.00 as moral damages. The CA concurred with the factual findings but expressly stated their non-eligibility for parole and additionally ordered them to solidarily pay PhP 50,000.00 as civil indemnity and PhP 100,000.00 as exemplary damages. The RTC and CA acquitted the accused-appellants of kidnapping Pinky Gonzales, who was allegedly taken with Albert.
Two Informations were filed: one for the kidnapping of Pinky (Criminal Case No. Q-02-108834) and one for the kidnapping for ransom of Albert (Criminal Case No. Q-02-108835). The accused-appellants pleaded not guilty.
The prosecution’s case, primarily through Albert’s testimony, established that on April 7, 2002, around 7:30 p.m., Albert was abducted by armed men in a Toyota Hi-Ace van near the Cainta Cockpit Arena. He was forced into the van along with Pinky Gonzales. They were handcuffed, made to wear dark sunglasses, and their personal items were taken. During the ride, Albert observed landmarks (the Ateneo gym, Balara, SM Fairview) before being brought to a half-constructed safehouse in Caloocan City, where they were detained for six days. In the basement of the house, Albert was threatened and a ransom of USD 1,000,000.00 was demanded for his release. He identified several accused-appellants: Jose Adelantar as a tipster/lookout; Ricky Peña and Marcelo Llanora, Jr. as individuals he had seen at the cockpit; Betty Salvador as the one who brought them food; and Monico Salvador as the person who assisted him when he fell on the basement stairs. He also identified Jubert Banatao, Morey Dadaan, Robert Gonzales, Roger Pesado, and Lowhen Almonte as among the kidnappers and guards. They were rescued by police operatives on April 12, 2002.

ISSUE

The core issue is whether the accused-appellants are guilty beyond reasonable doubt of the crime of kidnapping for ransom under Article 267 of the Revised Penal Code, as amended by R.A. No. 7659, for the abduction of Albert Yam y Lee.

RULING

The Supreme Court AFFIRMED the conviction of the accused-appellants for kidnapping for ransom. The Court found the testimony of the victim, Albert, to be credible, straightforward, and consistent. His positive identification of the accused-appellants, whom he had the opportunity to observe during the abduction and throughout his six-day detention (even without his eyeglasses at times, as he could see clearly at close range), was deemed reliable. The detailed account of the kidnapping, the detention conditions, the ransom demand, and the eventual rescue established all the elements of the crime. The defense of denial and alibi proffered by the accused-appellants was weak and could not prevail over Albert’s positive identification. The Court upheld the penalty of reclusion perpetua without eligibility for parole, as mandated by law for kidnapping for ransom. The awards of damages were sustained: PhP 100,000.00 as civil indemnity, PhP 100,000.00 as moral damages, and PhP 100,000.00 as exemplary damages, all with legal interest.