CA upholds guilty verdict vs rogue Makati policemen

The Court of Appeals (CA) has denied the motion of four Makati City police officers to overturn their kidnapping convictions, affirming the Pasay City Court’s decision to sentence them to life in prison.

The appellate court’s Eighth Division, in a two-page resolution dated 12 August, rejected the appeal from Police Officer 2 Harley Garcera, PO2 Clarence Maynes, PO1 Tim Santos and PO1 Jeffrey Cañete.

In its resolution, the court also stated the officers failed to raise new arguments that would warrant the reversal of its decision. Associate Justice Eleuterio Bathan, who penned the resolution, wrote: “Upon a careful deliberation of the aforesaid motion for reconsideration... we find no compelling reason to deviate from our findings, conclusion, and ruling.”

The case stemmed from charges filed on 22 June 2017, by a motorcycle shop owner who accused the officers of illegally arresting him and forcing him into a vehicle on 8 May 2017. The victim claimed he was questioned inside the vehicle and shown photographs of people he didn’t know.

Investigations also showed that the officers then demanded P400,000 in exchange for his freedom. When the victim said he didn’t have the money, the officers suggested he sell his belongings or pawn his vehicle. The victim was only able to produce P100,000 and promised to pay the rest the next day.

The officers agreed, took his phone number, and threatened to kill his family if he didn’t pay the remaining P300,000.

Following this, the victim reported the incident to the Philippine National Police-Counter Intelligence Task Force, which conducted a successful entrapment operation, leading to the officers’ arrest.

In addition to the life sentence, the Pasay City Regional Trial Court ordered the officers to pay back the P100,000 ransom, along with P300,000 in civil indemnity and damages.

The CA said that it upheld the lower court’s finding that the prosecution had established “beyond a reasonable doubt” all elements of kidnapping for ransom and proved a conspiracy between the appellants, which under the Revised Penal Code exists when “two or more persons come to an agreement concerning the commission of a felony and decided to commit it.”