FIRST DIVISION
[G.R. Nos. 232501-02. September 11, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ALBERT ABAD y SOROAN AND SOLIVEN BALUYOT @ "ALVIN BALUYOT", accused,
ALBERT ABAD y SOROAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 11, 2019which reads as follows:
"G.R. Nos. 232501-02 (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALBERT ABAD y SOROAN and SOLIVEN BALUYOT @ "ALVIN BALUYOT"Accused, ALBERT ABAD y SOROAN, Accused-Appellant.) — After a judicious review of the records, We dismiss the appeal for failure of the accused-appellant to show that the Court of Appeals (CA) committed reversible error in promulgating its decision 1 on September 6, 2016 in CA-G.R. CR-H.C. Nos. 04475 and 06055, whereby the CA affirmed his conviction for four (4) counts of Kidnapping for Ransom.
The Court does not find reason to reverse the findings of the courts a quo. Herein accused-appellant failed to show that the threats made against him would elicit fear that was real and imminent. At best, as the CA pointed out, this was merely speculative fear. Hence, the lower courts did not err in dismissing his appeal.
Furthermore, the prosecution has proven the accused-appellant's guilt beyond reasonable doubt as all the elements for the crime of Kidnapping for Ransom, 2 punished under Article 267 of the Revised Penal Code, were present. Here, there was intent and actual deprivation of liberty of the four victims when they were forcibly removed from the house and made to remain in the mountains of Zambales until payment of ransom was made. As such, the courts a quo did not err in convicting the accused-appellant of the crime charged.
However, We modify the damages imposed against the accused-appellant in line with our ruling in People v. Jugueta. 3 Accordingly, We fix the amount of damages as follows: P100,000.00 as civil indemnity; P100,000.00 as exemplary damages; and P100,000.00 as moral damages, for each count of kidnapping for ransom. All these amounts shall earn interest at six percent per annum (6%) from finality of this resolution until fully paid.
WHEREFORE, We DISMISS the appeal and AFFIRM with MODIFICATION the September 6, 2016 decision of the Court of Appeals in that the accused-appellant is ORDERED to pay the following amounts: P100,000.00 as civil indemnity, P100,000.00 as exemplary damages, and P100,000.00 as moral damages for each count; and IMPOSES interest at the rate six percent (6%) per annum from the time of finality of this resolution until all the monetary awards shall be fully paid to the victims.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-19; penned by Associate Justice Nina G. Antonio-Valenzuela with the concurrence of Associate Justice Fernanda Lampas-Peralta and Associate Justice Jane Aurora C. Lantion.
2. Namely: (a) intent on the part of the accused to deprive the victim of his liberty; (b) actual deprivation of the victim of his liberty; and (c) motive of the accused, which is extorting ransom for the release of the victim (People v. Pepino, G.R. No. 183479, June 29, 2010, 622 SCRA 293, 304).
3. G.R. No. 202124, April 5, 2016, 788 SCRA 331.