The Court of Appeals (CA) has denied the plea of four Makati City policemen to set aside its 14 February decision that upheld their conviction for kidnapping and sentenced them to reclusion perpetua.
In a two-page resolution dated 12 August, penned by Associate Justice Eleuterio Bathan of the CA’s Eighth Division, the court ruled that the accused-appellants – Police Officer 2 Harley Garcera, PO2 Clarence Maynes, PO1 Tim Santos, and PO1 Jeffrey Cañete – failed to raise new arguments that would merit a reversal.
“Upon a careful deliberation of the aforesaid motion for reconsideration and after noting the plaintiff-appellee’s comment, We find no compelling reason to deviate from Our findings, conclusion, and ruling,” the CA said.
The appellate court added that the arguments presented in the policemen’s motion had already been considered, discussed, and passed upon in the assailed decision, and no new matters were raised that would justify modification or reversal.
The Pasay City Regional Trial Court (RTC) had earlier sentenced the policemen to reclusion perpetua and ordered them to pay their victim P100,000 in ransom money they extorted, along with P300,000 in civil indemnity and damages.
The case stemmed from a complaint filed on 22 June 2017 by a motorcycle shop owner who accused the four policemen of abducting him on 8 May 2017. He said the suspects illegally arrested him and brought him to Wilcon Depot, Pasong Tamo Extension, where they demanded P400,000 in exchange for his freedom.
The complainant said he was threatened while being transported and pressured to raise the ransom by pawning his vehicle or selling his belongings. He was only able to raise P100,000 and promised to deliver the balance of P300,000 the next day. Before releasing him, the policemen threatened to kill his family if he failed to pay the remainder.
An entrapment operation by the Philippine National Police–Counter Intelligence Task Force (CITF) led to the arrest of the suspects.
In affirming the RTC ruling, the CA held that the prosecution proved beyond reasonable doubt all elements of kidnapping for ransom and established conspiracy among the four policemen. Under the Revised Penal Code, conspiracy exists when two or more persons agree to commit a felony and decide to execute it.