In People v. Pepino and Balaan, the Supreme Court affirmed the conviction of Jerry R. Pepino for kidnapping for ransom, while addressing the appeal of Daisy M. Balaan, who remained a fugitive. The Court emphasized that an accused’s failure to appear during the promulgation of judgment without justifiable cause results in the loss of appellate remedies. Despite evidentiary challenges and the fugitive status of one of the accused, the ruling reinforces the importance of accountability in criminal proceedings and the principle that justice must be served even in complex circumstances.

Kidnapping Case: Can a Fugitive Appeal and Does In-Court Testimony Outweigh Prior Statements?

The case revolves around the kidnapping of Anita Ching, a businesswoman, who was abducted by a group including Jerry R. Pepino and Daisy M. Balaan. The group demanded a ransom of P500,000 for her release, during which Ms. Ching was detained for 19 days. Pepino was identified as one of the perpetrators, while Balaan was implicated as an accomplice. The Regional Trial Court (RTC) found Pepino guilty beyond reasonable doubt, sentencing him to death, while Balaan was convicted as an accomplice. Pepino appealed his conviction, while Balaan, having failed to attend the promulgation of judgment and remaining at large, also sought to appeal.

The Supreme Court addressed two critical issues: the right of a fugitive to appeal and the weight of in-court testimony versus prior statements. The Court firmly stated that Balaan, as a fugitive, forfeited her right to appeal. Section 6 of Rule 120 of the Revised Rules of Court is explicit on this matter:

SEC. 6. Promulgation of judgment.–The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative. When the judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court.

x x x x.

If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these Rules against the judgment and the court shall order his arrest. Within fifteen (15) days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice.

This provision underscores the principle that an accused must submit to the jurisdiction of the court to avail of its remedies. By fleeing, Balaan demonstrated a clear intent to evade justice, thereby relinquishing her right to appeal.

Turning to Pepino’s appeal, the Court affirmed his conviction based on the positive identification by the victim and another witness. Ms. Ching directly identified Pepino in court as one of the armed men involved in her abduction. Policarpio Guinto, another witness, corroborated this identification, further solidifying the prosecution’s case. Despite Pepino’s attempt to discredit the identification by pointing to Ms. Ching’s initial failure to identify him in a police lineup, the Court emphasized the primacy of in-court identification.

The Court acknowledged that Ms. Ching’s Sinumpaang Salaysay (sworn statement) only mentioned Pelenio and Balaan. However, the Court gave greater weight to her in-court testimony, where she explained that she could not identify Pepino in the lineup due to the circumstances at the National Bureau of Investigation (NBI). Moreover, the Court highlighted that in-court identifications hold more weight than prior statements, particularly when the witness provides a reasonable explanation for any discrepancies. This principle is crucial in assessing the credibility of witnesses and the reliability of their testimonies.

Furthermore, the Court dismissed Pepino’s claim of illegal arrest, noting that he failed to raise this issue in a timely manner. The established rule is that any objections to the legality of an arrest must be raised before arraignment through a motion to quash the information. Failure to do so constitutes a waiver of the right to challenge the arrest’s validity. This procedural requirement ensures that any challenges to the arrest are addressed promptly, preventing undue delays and ensuring the orderly administration of justice.

The Court also addressed the elements of kidnapping for ransom, as defined under Article 267 of the Revised Penal Code (RPC), as amended:

Art. 267. 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 for more than three 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 if threats to kill him shall have been made;

4. If the person detained or kidnapped shall be a minor, except when the accused is any of the parents, female, or public officer.

The penalty of 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. x x x x

The Court found that all elements were sufficiently proven: the intent to deprive Ms. Ching of her liberty, the actual deprivation of her liberty for 19 days, and the motive of extorting ransom for her release. Ms. Ching’s testimony clearly established these elements, further solidifying Pepino’s guilt.

However, in light of Republic Act (RA) No. 9346, which prohibits the imposition of the death penalty, the Court modified Pepino’s sentence to reclusion perpetua without eligibility for parole. While affirming the award of moral damages, the Court increased the amount from P50,000 to P200,000, recognizing the severe anxiety and fright Ms. Ching experienced during her ordeal. However, the Court deleted the award for actual damages due to insufficient evidence regarding the ransom payment. To address the violation of Ms. Ching’s rights, the Court awarded P200,000 as nominal damages under Article 2221 of the Civil Code, which allows for such damages to vindicate a violated right:

Art. 2221. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.

Lastly, the Court awarded P100,000 as exemplary damages, citing the qualifying circumstance of demand for ransom. This award is grounded in the principle articulated in People v. Catubig:

In fine, relative to the civil aspect of the case, an aggravating circumstance, whether ordinary or qualifying, should entitle the offended party to an award of exemplary damages within the unbridled meaning of Article 2230 of the Civil Code.

The Court reasoned that even though the death penalty was not imposed due to RA No. 9346, the presence of a qualifying circumstance that would have warranted the death penalty justifies the award of exemplary damages.

FAQs

What was the key issue in this case?	The key issues were whether a fugitive from justice could appeal a conviction and the weight given to in-court testimony versus prior sworn statements in identifying the accused.
Why was Daisy Balaan’s appeal denied?	Daisy Balaan’s appeal was denied because she failed to attend the promulgation of judgment without justifiable cause and remained a fugitive, thus forfeiting her right to appeal under Section 6, Rule 120 of the Revised Rules of Court.
On what basis was Jerry Pepino’s conviction affirmed?	Jerry Pepino’s conviction was affirmed based on the positive in-court identification by the victim, Anita Ching, and corroborated by another witness, Policarpio Guinto, despite initial discrepancies in a police lineup.
What is the significance of in-court identification in this case?	The in-court identification was given greater weight because the victim provided a reasonable explanation for her failure to identify Pepino in the initial lineup, establishing his identity as one of the perpetrators beyond reasonable doubt.
How did the Court address the inconsistencies in the victim’s statements?	The Court addressed the inconsistencies by prioritizing the victim’s in-court testimony, as she adequately explained why she didn’t initially identify Pepino in the lineup, thus validating her identification in court.
What were the elements of kidnapping for ransom that the prosecution proved?	The prosecution proved the intent to deprive the victim of her liberty, the actual deprivation of her liberty, and the motive of extorting ransom for her release, all of which are the essential elements of kidnapping for ransom under Article 267 of the Revised Penal Code.
Why was the death penalty not imposed on Jerry Pepino?	The death penalty was not imposed due to the enactment of Republic Act No. 9346, which prohibits the imposition of the death penalty in the Philippines, leading to the modification of Pepino’s sentence to reclusion perpetua without eligibility for parole.
What types of damages were awarded in this case?	The Court awarded moral damages for the victim’s suffering, nominal damages to vindicate her violated rights, and exemplary damages due to the presence of a qualifying circumstance (demand for ransom), but deleted actual damages due to lack of sufficient evidence.
What is the effect of Republic Act No. 9346 on the imposition of penalties?	Republic Act No. 9346 prohibits the imposition of the death penalty, leading to the substitution of the death penalty with reclusion perpetua without eligibility for parole in cases where the death penalty would have been applicable.

This case underscores the judiciary’s commitment to ensuring accountability for heinous crimes like kidnapping, even when perpetrators attempt to evade justice through flight or by challenging evidentiary details. The Supreme Court’s decision reinforces the importance of direct witness testimony and adherence to procedural rules in criminal proceedings. It also highlights how legislative changes, such as the abolition of the death penalty, impact sentencing while still upholding the principles of justice and compensation for victims.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People v. Pepino, G.R. No. 183479, June 29, 2010