Case Digest: People vs Borja GR 199710 2 Aug 2017

           Article 267: Kidnapping and Serious Illegal Detention | Criminal Law

Facts:

PO3 Julieto Borja was found guilty beyond reasonable doubt of kidnapping for ransom.

At about 10:00 a.m. on May 26, 2004, Ronalyn Manatad and her friend, Vicky Lusterio, were walking along Agham Road, Diliman, Quezon City. Suddenly, a man who was later identified as PO3 Borja, grabbed Ronalyn by her right forearm and forcibly took her inside a gray van where three (3) other men were waiting. Both Ronalyn and Lusterio shouted for help but no one came to their rescue. Lusterio managed to escape. She immediately reported the incident to Ronalyn's mother, Adelina Manatad.

Meanwhile, PO3 Borja and his companions drove the van around Quezon City. One (1) of Ronalyn's abductors, a certain Major Clarito, asked for her relatives' contact numbers. Ronalyn gave the number of her brother, Edwin G. Silvio.

Adelina received a phone call from one (1) of the kidnappers, who demanded P200,000.00 in exchange for Ronalyn's liberty. Adelina informed him that their family could not afford to pay the ransom due to their financial condition. Suddenly, the caller hung up. Edwin thereafter arrived and negotiated for a reduced ransom when one (1) of the kidnappers called again. The kidnappers acceded and lowered their demand to P100,000.00.

At this juncture, Ronalyn was transferred from the van to a car.

Edwin sought assistance from Sergeant Abet Cordova (Sgt. Cordova) of the National Anti-Kidnapping Task Force (NAKTAF). Sgt. Cordova instructed Edwin to negotiate with his sister's abductors and to notify him of any developments. Sgt. Cordova then reported the incident to NAKTAF group commander, Major Saiiti Cababasay, who immediately mobilized his team for an entrapment operation.

At around 12:00 noon, Edwin received a call from Ronalyn's abductors. They instructed him to place the money in an SM plastic bag and to proceed to the Wildlife Park along Quezon Avenue at 3:00 p.m. Edwin informed Sgt. Cordova about the payoff. The police operatives proceeded to the Wildlife Park and positioned themselves within the area.

Edwin went to the Wildlife Park at 3:00 p.m. as planned. Shortly after, PO3 Borja approached Edwin and took the SM plastic bag containing the ransom money. Upon seeing the exchange, the police operatives arrested PO3 Borja and recovered the following items from him: (1) a 0.9 mm pistol, (2) a cellphone, (3) a wallet, and (4) the P100,000.00 ransom amount. PO3 Borja was then brought to the NAKTAF headquarters for investigation.

Despite the successful entrapment operation, the authorities failed to rescue Ronalyn. While she was inside the van, Ronalyn heard one (1) of her abductors say that PO3 Borja was entrapped. The others cursed her and said, "Putang ina, iyung kapatid mo. Tumawag ng taga-NAKTAF."18 Afterwards, she was taken by her captors to the Philippine Drug Enforcement Agency where she was charged with illegal sale of shabu.

Defense:

PO3 Borja testified that on the day of the alleged incident, he was with PO2 Ding Tan at Branch 79, Regional Trial Court, Quezon City to testify as a witness in a criminal20 case.21 However, the hearing was postponed.22 After securing a certificate of appearance, PO3 Borja decided to go home at 12:00 noon.

At around 2:00 p.m., PO3 Borja received a phone call from an unknown person. The caller sought assistance to recover his sister who had been arrested. He instructed the caller to call back. On the second call, the caller told him to go to the Wildlife Park and meet a certain Edwin, who would be wearing a white T-shirt and a bull cap.

PO3 Borja proceeded to the Wildlife Park and met Edwin, who told him that Ronalyn and Lusterio had been arrested earlier in a buy-bust operation. PO3 Borja advised Edwin to go with him to the police station and report the incident. However, Edwin said that he had to wait for his cousin to arrive.

Half an hour later, Captain Frederick Obar (Capt. Obar), SPO3 Eric Orellaneda (SPO3 Orellaneda), and three (3) unidentified persons approached PO3 Borja. SPO3 Orellaneda shouted, "Meron lang ditong nag-eextortion"C to which PO3 Borja replied, "Wala naman akong alam" SPO3 Orellaneda confiscated PO3 Borja's wallet, cellphone, and firearm. Afterwards, Sgt. Cordova shouted, "O, meron ditong P100,000.00 galing kay Borja." PO3 Borja was then arrested and was charged of kidnapping for ransom.

PO3 Borja anchors his arguments on the arrest and subsequent conviction of Ronalyn for the sale of shabu. He argues that it is absurd to convict him of kidnapping considering that the alleged victim was caught in flagrante delicto during a buy-bust operation on the day of the alleged incident. Furthermore, Ronalyn was found guilty of violation of Republic Act No. 9165 by both the Court of Appeals and this Court. She is now serving her sentence in the Women's Correctional in Mandaluyong.

RTC & CA: GUILTY of kidnapping for ransom.

Issue: 

WoN the accused-appellant PO3 Julieto Borja is guilty beyond reasonable doubt of kidnapping punished under Article 267 of the Revised Penal Code

Held:

Guilty of kidnapping for ransom.

Ronalyn's apprehension for violation of Republic Act No. 9165 does not automatically negate the criminal liability of accused-appellant. It also does not exclude the possibility of the commission of the crime with which accused-appellant is charged. The buy-bust operation carried out against Ronalyn and her kidnapping are events that can reasonably coexist.

Furthermore, a violation of Republic Act No. 9165 bears no direct or indirect relation to the crime of kidnapping. Ronalyn's arrest and conviction are immaterial to the determination of accused-appellant's criminal liability. In other words, Ronalyn's innocence or guilt would neither affirm nor negate the commission of the crime of kidnapping against her. Therefore, the resolution of this case will depend solely on whether the prosecution has established all the elements of kidnapping under Article 267 of the Revised Penal Code.

A public officer who detains a person for the purpose of extorting ransom cannot be said to be acting in an official capacity. The burden is on the accused to prove that he or she acted in furtherance of his or her official functions. Accused-appellant's membership in the Philippine National Police does not automatically preclude the filing of an information for kidnapping or serious illegal detention against him. He may be prosecuted under Article 267 of the Revised Penal Code if it is shown that he committed acts unrelated to the functions of his office.

The essence of the crime of kidnapping is "the actual deprivation of the victim's liberty coupled with the intent of the accused to effect it." The deprivation of a person's liberty can be committed in different ways. It is not always necessary that the victim be imprisoned. The second element of the crime of kidnapping is met as long as there is a showing that the victim's liberty of movement is restricted.

In this case, Ronalyn was clearly deprived of her liberty. She was forcibly taken inside a vehicle by accused-appellant and his cohorts and was driven around Quezon City for at least five (5) hours. 

The first two (2) and the last elements of the crime of kidnapping are present in this case, Ronalyn, a woman, was forcibly taken by accused-appellant and loaded in a van where she was detained for several hours. These acts are completely unrelated to accused-appellant's functions as a police officer, and as such, he may be prosecuted under Article 267 of the Revised Penal Code.

The third element of the crime of kidnapping is also present. Accused-appellant and his companions deprived the victim of her liberty to extort ransom from her family.

All the elements of kidnapping were sufficiently proven by the prosecution, which cannot be overturned by accused-appellant's bare denial and alibi. These two (2) defenses are inherently weak considering that they can be easily contrived.

For the defense of alibi to prosper, there must be a showing that it was physically impossible for the accused "to have been at the scene of the crime at the time of its commission." In the present case, accused-appellant failed to overcome this standard. Even if he attended the hearing in Quezon City Hall of Justice, there is no showing that it was physically impossible for him to be at Agham Road when the victim was forcibly taken. This Court takes judicial notice that Agham Road and the Quezon City Hall of Justice are just a few blocks away from each other. Accused-appellant could have easily slipped out of the city hall at any time.

Moreover, if this Court were to believe accused-appellant's version of the incident, it was highly irregular for a police officer to meet the victim's relative in a place other than the police station to discuss the incident reported to him. That he had to wait for 30 minutes for another person to arrive is also suspect. Moreover, as pointed out by the Office of the Solicitor General, it is unusual for accused-appellant to interfere with an ongoing operation to which he was not assigned. All these irregularities point to the reasonable conclusion that accused-appellant's purpose in proceeding to the Wildlife Park was to extort money from the victim's family.

Penalty:

Reclusion perpetua without eligibility for parole. 

₱100,000.00 civil indemnity, 

₱100,000.00 moral damages, and 

₱100,000.00 as exemplary damages

at the rate of six percent (6%) per annum

Recit Version: 

Facts:  

Ronalyn Manatad was abducted by PO3 Borja and three other men while she was walking with her friend, Vicky Lusterio, along Agham Road, Diliman, Quezon City. Lusterio managed to escape and immediately informed Ronalyn's mother about the incident. 

The kidnappers contacted Ronalyn's family and demanded a ransom of P200,000. Due to financial constraints, the family explained that they couldn't afford the amount. However, Ronalyn's brother, Edwin, negotiated with the kidnappers and successfully reduced the ransom to P100,000. 

After negotiating the ransom , Edwin sought assistance from National Anti-Kidnapping Task Force (NAKTAF) who organized an entrapment operation. Edwin received instructions from the kidnappers to bring the ransom money to the Wildlife Park at 3:00 p.m. During the exchange, PO3 Borja took the ransom money from Edwin and was subsequently arrested. The police found a pistol, cellphone, wallet, and the ransom amount in his possession. PO3 Borja was taken to the NAKTAF headquarters for investigation. 

Despite capturing one of the kidnappers, Ronalyn was not rescued. She overheard her captors discussing PO3 Borja's entrapment and blamed her and her brother for involving the NAKTAF. Ronalyn was then taken to the Philippine Drug Enforcement Agency, where she faced charges of illegal drug sale.

Defense:

PO3 Borja anchors his arguments on the arrest and subsequent conviction of Ronalyn for the sale of shabu. 

He argues that it is absurd to convict him of kidnapping considering that the alleged victim was caught in flagrante delicto during a buy-bust operation on the day of the alleged incident. 

Furthermore, Ronalyn was found guilty of violation of Republic Act No. 9165 by both the Court of Appeals and this Court. She is now serving her sentence in the Women's Correctional in Mandaluyong.

RTC & CA: GUILTY of kidnapping for ransom.

Issue: 

WoN the accused-appellant PO3 Julieto Borja is guilty beyond reasonable doubt of kidnapping punished under Article 267 of the Revised Penal Code

Held:

Guilty of kidnapping for ransom.

Ronalyn's apprehension for violation of Republic Act No. 9165 does not automatically negate the criminal liability of accused-appellant. It also does not exclude the possibility of the commission of the crime with which accused-appellant is charged. The buy-bust operation carried out against Ronalyn and her kidnapping are events that can reasonably coexist.

Furthermore, a violation of Republic Act No. 9165 bears no direct or indirect relation to the crime of kidnapping. Ronalyn's arrest and conviction are immaterial to the determination of accused-appellant's criminal liability. In other words, Ronalyn's innocence or guilt would neither affirm nor negate the commission of the crime of kidnapping against her. Therefore, the resolution of this case will depend solely on whether the prosecution has established all the elements of kidnapping under Article 267 of the Revised Penal Code.

The first two (2) and the last elements of the crime of kidnapping are present in this case, Ronalyn, a woman, was forcibly taken by accused-appellant and loaded in a van where she was detained for several hours. These acts are completely unrelated to accused-appellant's functions as a police officer, and as such, he may be prosecuted under Article 267 of the Revised Penal Code.

The third element of the crime of kidnapping is also present. Accused-appellant and his companions deprived the victim of her liberty to extort ransom from her family.

Moreover, if this Court were to believe accused-appellant's version of the incident, it was highly irregular for a police officer to meet the victim's relative in a place other than the police station to discuss the incident reported to him. That he had to wait for 30 minutes for another person to arrive is also suspect. Moreover, as pointed out by the Office of the Solicitor General, it is unusual for accused-appellant to interfere with an ongoing operation to which he was not assigned. All these irregularities point to the reasonable conclusion that accused-appellant's purpose in proceeding to the Wildlife Park was to extort money from the victim's family.

Penalty:

Reclusion perpetua without eligibility for parole. 

₱100,000.00 civil indemnity, 

₱100,000.00 moral damages, and 

₱100,000.00 as exemplary damages

at the rate of six percent (6%) per annum