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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. No. 130843   January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 130843. January 27, 2000.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ZOILO "Sonny" BORROMEO Y ALFARO, Accused-Appellant.

    D E C I S I O N


    PER CURIAM:


    The Regional Trial Court of Pasay City found the accused Zoilo A. Borromeo alias "Sonny" guilty of kidnapping a minor for ransom and sentenced him to death and to pay the offended parties moral damages of P250,000. 00 and the costs of suit. 1

    The conviction of the accused Zoilo Borromeo is based on these factual findings of the trial court: On 3 January 1996 at around four o’clock in the afternoon Rowena Hernandez, owner and operator of a bakeshop in Pasay City, left with a friend to buy shoes for her son Kenneth. The little boy who at that time was one (1)-year and seven (7)-months old was then sleeping at the bakeshop under the watchful eye of his yaya, Annabelle Ponon. Outside the store was seated the accused, a bakery helper of Rowena who had earlier been discharged by her due to negative attitude problems.chanroblesvirtual|awlibrary

    When the child woke up Annabelle took him home. Some fifteen (15) minutes later Zoilo arrived at the Hernandez residence and told the nursemaid that "Ate Weng" (Rowena’s nickname) had sent him to fetch Kenneth and bring him to her for shoe measurement. Annabelle gave Kenneth to Zoilo but shortly thereafter she realized that she should not have done so. Suspecting that something wrong was happening, she immediately reported the incident to Kenneth’s father, Nelson, who was minding his watch repair store nearby. They looked for Kenneth but their initial search and inquiry yielded negative results. Kenneth could not be found. Nelson and Annabelle proceeded to the Pasay City Police Station to report the matter to the authorities.

    At around seven o’clock that evening Rowena arrived. She was immediately informed by her husband that their son was missing. Distraught, they began a long search for Kenneth with the help of some relatives but to no avail. They could not find the boy. All the police could do was to advise them to go home and wait perhaps for a telephone call from the kidnapper. True enough, in the afternoon of the following day, 4 January 1996, Rowena received a telephone call. It was from accused Zoilo Borromeo who demanded ransom from her for the release of her son Kenneth. Zoilo told her, "Pasensiya ka na, Ate Weng, kailangan ng boss ko ang P300,000.00. Paghahatian ng grupo (I am sorry, Ate Weng, my boss needs P300,000.00. This will be divided among the members of the group)."cralaw virtua1aw library

    Rowena agreed to give the money on the condition that the child would not be harmed. Zoilo promised to call back. The next day, he did. It was Nelson who answered the telephone as Rowena had gone to the police station. The accused reiterated his earlier demand for ransom but Nelson informed him that he could produce only P250,000.00. Zoilo called back about noon of the following day. He agreed to the reduced amount. He specifically instructed Nelson to immediately bring the money with him to the parking lot in front of "Max’s Restaurant" near the Baclaran Church in Pasay City.

    Meanwhile, Nelson reported his telephone conversations with Zoilo to the police who hatched an entrapment scheme by preparing six (6) bundles of bogus bills, each bundle topped by a genuine five-hundred peso (P500.00) bill, which Nelson would hand over to Zoilo. The Pasay police also dispatched a team of law enforcers to the designated meeting site for the apprehension in flagrante of the accused and the rescue of the kidnapped child. The policemen positioned themselves strategically at the vicinity of the restaurant where the exchange was to take place, ready to arrest Zoilo as soon as he received the money.

    At around two o’clock in the afternoon of that day, the accused arrived at the designated place. The policemen chosen to witness and assist in the entrapment personally saw Nelson hand over to Zoilo the "ransom money." As the two (2) men then walked away from the restaurant and were about to cross Roxas Boulevard, two (2) of the assigned policemen accosted them and swiftly nabbed Zoilo. At the Pasay City police station, Zoilo disclosed that the little boy Kenneth was in Sitio Kawilihan in Barangay Ipil, Alfonso, Cavite. Forthwith, the police, the Hernandez spouses and Zoilo left for Cavite, and found the kidnap victim inside a hut owned by Ernesto and Arsenia Viray. Ernesto executed a written statement that Zoilo had told them that Kenneth was his son and that he was leaving the boy with them as he was going back to Manila to get some clothes for the child.

    On the witness stand Zoilo gave a different account of the incident. He admitted that he was with the child on 3 January 1996. He however claimed that it was because the child’s parents, Rowena and Nestor, allowed him to take Kenneth out for a leisurely stroll. When he and the child reached Baclaran Church, they took a bus to Tagaytay where his aunt lived. He said that he failed to return Kenneth to his parents soon enough because he was hurrying to report for work in Cainta, Rizal. He remonstrated however that he had called up Rowena and apologized to her for his failure to bring Kenneth home immediately. 2

    The trial court found this defense insipid, weak and totally insufficient to overthrow the quantum of evidence adduced by the prosecution which established the guilt of the accused beyond reasonable doubt. Consequently, it held the accused liable for kidnapping Kenneth, a minor, for ransom under Art. 267 of the Revised Penal Code as amended. 3

    The accused assails the court a quo for having seriously erred in convicting him on the basis of the weakness of his evidence and not on the strength of the prosecution’s cause. He argues pointedly that the questioned decision dwells largely on discrediting his defense with nothing much said about the credibility of the testimonies of the witnesses for the prosecution.

    We disagree with this postulation. A meticulous evaluation of the case yields the indisputable conclusion that the prosecution sufficiently proved its case against the accused. We are in no way disposed to disturb the findings of the court a quo.chanroblesvirtuallawlibrary

    The identity of the accused, much less his guilt, has been adequately established by clear and convincing evidence. Taken altogether — the testimony of complainant Rowena Hernandez that Zoilo was seated outside her bakeshop that fateful afternoon of 3 January 1996; that it was Zoilo who called her on 4 January 1996 apologizing for having taken Kenneth with him and demanding money in exchange for the child’s freedom purportedly because "kailangan ng boss ko ang P300,000.00. Paghahatian ng grupo;" and, that it was Zoilo who led them to Alfonso, Cavite where he hid Kenneth; the unshaken avowal by Annabelle Ponon that it was Zoilo who took Kenneth from her on the pretext that the little boy was going to have his shoe measurement taken; the positive uncontested declarations of the police officers that Nelson Hernandez informed them that Zoilo called and instructed him to bring the money to a designated meeting place after agreeing to reduce the amount by P50,000.00; that they forthwith prepared bogus bills as ransom to be brought by Nelson Hernandez to his rendezvous with Zoilo; that they saw the transaction between Nelson and Zoilo actually take place; and, that their colleagues apprehended the accused after he took the money from Nelson Hernandez — all these constitute persuasive, unassailable proof of the commission of the crime by the accused himself.

    Set against the solid evidence for the prosecution, the defense of the accused, which notably remains uncorroborated, must crumble and fall apart. Zoilo’s insistence that the parents of Kenneth allowed him to take the child for a walk to the Baclaran Church flies in the face of the contrary testimony of Annabelle that Zoilo had told her that he was taking Kenneth to his mother upon the latter’s instructions for the purpose of measuring the size of his feet for a pair of shoes. Moreover, it was highly improbable that Rowena would give permission to Zoilo to bring the child out for a walk, more so to Alfonso, Cavite. Had she done so she would not have been so terrified and alarmed as to immediately report to the police when she got home from the shoe store and learned that her baby Kenneth was missing and that Zoilo was the person who kidnapped the boy. It was also quite inconceivable that Rowena, and Nelson for that matter, would entrust their one (1)-year and seven (7)-month old baby boy to Zoilo, whom they earlier dismissed as their baker "due to negative attitude problems," for a promenade to Baclaran since the child was in the care of the nursemaid Annabelle with whom the child was more comfortable, having been his nanny already for sometime.

    The accused next argues that he failed to return Kenneth promptly to his parents because he had to leave hurriedly for work in Cainta, Rizal. This is a feeble attempt to tone down his culpability. For if he had no evil design on Kenneth and his parents, he could very well have brought Kenneth back to his Pasay home from Baclaran Church en route to his work, if indeed he was employed, in Cainta, Rizal, a town located northeast of Pasay, instead of bringing the baby down south to Tagaytay, a place very far away from Cainta.

    Most detrimental to the case of the accused is his barefaced denial that he extorted ransom from the Hernandez spouses despite his being caught red handed in the entrapment. The testimonies of prosecution witnesses SPO1 Quirino Glico, police investigator, 4 and Police Inspector Rolando Bihasa 5 who personally witnessed the accused receiving the ransom, bogus as it was, from the child’s father at the parking lot in front of "Max’s Restaurant" remained unchallenged and uncontroverted throughout the proceedings. The accused never exerted any effort to rebut these declarations.

    The essence of the crime of kidnapping is the actual deprivation of the victim’s liberty coupled with indubitable proof of intent of the accused to effect the same. 6 And if the person detained is a child, the question that needs to be addressed is whether there is evidence to show that in taking the child, there was deprivation of the child’s liberty and that it was the intention of the accused to deprive the mother of the child’s custody. 7

    We find abundant evidence of this fact in this case. It has been established with great certainty that Kenneth was deprived of his liberty, having been taken by the accused without the consent of the child’s parents who had custody over him. The accused had to employ artifice and subterfuge to get hold of the victim, taking him from his nanny on his false posturing that it was on the orders of the child’s mother. It finally dawned on the nanny later that this could not be so because Rowena had left more than an hour ago for a department store in Makati City to buy shoes for the boy. Zoilo then kept the child for two (2) days in a far-flung place south of Manila in the care of a couple while negotiating with his parents for the payment of ransom. Discernible from this fact is the intent of the accused to keep the child under detention for as long as no ransom was paid to him for his release. Then again, there was no voluntary restoration by the accused of the child to his parents. Kenneth was recovered only after the police intervened and the accused was apprehended. When taken to the police station for the requisite investigation, Zoilo confessed that he brought the baby boy to a remote barangay in Alfonso, Cavite, and that he demanded money from the parents for the release of their child so that he could start a bakery business.

    There is no question that the elements of kidnapping for ransom were sufficiently established: (a) the accused is a private individual; (b) the accused kidnapped or detained the victim and deprived him of his liberty; and, (c) the deprivation of the victim’s liberty was illegal. As provided for in Art. 267 of the Revised Penal Code as amended, the imposition of the death penalty is mandatory if the victim is a minor. In this case, the minority of Kenneth Hernandez was never disputed. Assuming arguendo that minority was not proved, still under the same provision of law, the imposition of the death penalty is obligatory if the kidnapping was committed for the purpose of extorting ransom from the victim or any other person. This was certainly so in this case. To recapitulate, minority and the demand for the payment of ransom, both specifically described in the Information, were clearly established by the State, free of any scintilla of doubt.

    In light of these premises, the Court finds no reversible error in the questioned decision of the trial court. Consequently, it is left with no alternative but to sustain the imposition of the death penalty upon the accused as it is proper and in accordance with law.

    Four (4) Justice of the Court maintain their position that RA 7659 is unconstitutional insofar as it prescribes the death penalty; nevertheless, they submit to the ruling of the majority that the law is constitutional and the death penalty can be lawfully imposed in the case at bar.

    WHEREFORE, the Decision of the Regional Trial Court of Pasay City, Branch 119, finding accused Zoilo Borromeo y Alfaro, also known as "Sonny," GUILTY beyond reasonable doubt of kidnapping a minor for ransom and sentencing him to death is AFFIRMED, with the MODIFICATION that the award of moral damages is reduced to P100,000.00. Costs against the accused.chanrobles.com.ph : red

    In accordance with Art. 83 of the Revised Penal Code, as amended by Sec. 25 of RA 7659, upon the finality of this decision let the records of this case be forthwith forwarded to His Excellency, the President, for the possible exercise of his pardoning power.

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Decision penned by Judge Salvador de Guzman, RTC-Br. 119, Pasay City, Crim. Case No. 96-8180 dated 19 September 1997.

    2. TSN, 3 February 1997, pp. 3-4.

    3. Art. 267, The Revised Penal Code, as amended by RA 7659, reads: Kidnapping and Serious Illegal detention. — Any private individual who shall kidnap or detain another, or in any manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: (1) If the kidnapping or detention shall have lasted more than three (3) days; (2) If it shall have been committed simulating public authority; (3) If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or of threats to kill him shall have been made; (4) If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female, or a public officer.

    The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.

    When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed.

    4. TSN, 14 August 1996, p. 11.

    5. TSN, 15 July 1996, p. 14.

    6. People v. Ramos, G.R. No. 118570, 12 October 1998, 297 SCRA 618.

    7. People v. Villanueva, G.R. No. 116311, 1 February 1996, 253 SCRA 155.

    G.R. No. 130843   January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO


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