In People v. Damayo, the Supreme Court affirmed the conviction of Francisco Damayo for kidnapping for ransom, underscoring that the essence of the crime lies in the actual deprivation of the victim’s liberty coupled with the intent to extort ransom, regardless of the duration of detention. The Court reiterated that the victim’s lack of freedom to leave, even without physical restraint, constitutes deprivation of liberty. This decision reinforces the protection of minors from abduction and exploitation, clarifying the elements required to prove kidnapping for ransom and the weight given to victim testimonies.

Abduction Under False Pretenses: When Familiarity Fails to Protect

This case centers on the harrowing experience of Jerome Rosario, an eleven-year-old boy, who was taken from his school by Francisco Damayo, known to him as “Kuya Frank.” Damayo, under the guise of taking Jerome somewhere, instead transported him to his residence in Pampanga, holding him there for three days. During this time, Damayo contacted Jerome’s mother, Edna, demanding P150,000 for his safe return. The question before the Supreme Court was whether the prosecution successfully proved beyond reasonable doubt that Damayo committed the crime of kidnapping for ransom, despite inconsistencies in the testimonies and Damayo’s defense that he acted with the consent of Jerome’s mother.

The Regional Trial Court (RTC) and the Court of Appeals (CA) both found Damayo guilty, placing significant weight on Jerome’s testimony and the evidence presented by the prosecution. Damayo’s appeal to the Supreme Court hinged on the argument that inconsistencies in the testimonies of Jerome and his mother, Edna, weakened the prosecution’s case and created reasonable doubt. He pointed to discrepancies such as Jerome initially stating in his affidavit that he was taken by force, while later testifying that he voluntarily went with Damayo. Furthermore, Damayo argued that Edna’s shifting statements regarding how she discovered Jerome’s whereabouts and who received the ransom call undermined her credibility. Despite these arguments, the Supreme Court upheld the lower courts’ rulings, firmly establishing the elements of kidnapping for ransom.

The Supreme Court meticulously examined the elements of kidnapping as defined in Article 267 of the Revised Penal Code (RPC). This article states that the offender must be a private individual who kidnaps or detains another, illegally depriving them of their liberty. Critically, if the victim is a minor or if the purpose of the kidnapping is to extort ransom, the duration of the detention is immaterial. The Court emphasized that the deprivation of liberty does not necessarily require physical restraint or confinement within an enclosure. Rather, it is sufficient if the victim’s freedom to leave is curtailed, placing them under the control of the abductor.

“The elements of kidnapping as embodied in Article 267 of RPC have been sufficiently proven in the case at bench. It is undisputed that Damayo is a private individual, and that he took Jerome from his school at Sucat Elementary School, Barangay Sucat, Muntinlupa City on August 7, 2008 at 12:00 noon, brought said victim to his house at No. 301 Telabastaga, San Fernando, Pampanga, and kept him there until he was safely recovered by his parents and the police officers on August 9, 2008. That Damayo had no justification whatsoever to detain Jerome is undeniable.”

In Damayo’s case, the Court found that bringing Jerome to Pampanga, a location unfamiliar to the child and far from his home, undeniably constituted a deprivation of his liberty. Even if Jerome had some freedom of movement within Damayo’s house, he lacked the ability to leave and return home on his own. The Court underscored the intent to deprive both Jerome and his parents of his liberty, a critical element in establishing the crime of kidnapping.

Addressing the alleged inconsistencies in the testimonies, the Supreme Court applied established principles of evidence. It reiterated that testimonies given in court generally carry more weight than affidavits, which are often incomplete and prepared ex parte. Any discrepancy between Jerome’s affidavit and his court testimony regarding whether he was taken by force was deemed minor and inconsequential. The Court stated that the critical factor was Damayo’s act of detaining Jerome against his will, regardless of how he initially gained custody of the child. Furthermore, the Court cited jurisprudence that the carrying away of the victim can be made forcibly or fraudulently. The Supreme Court thus found the inconsistencies to be negligible and ruled that the minor inconsistencies strengthened rather than destroyed the victim’s credibility.

Regarding the inconsistencies in Edna’s testimony, the Court dismissed them as trivial, noting that even truthful witnesses may make minor errors in recalling details. The Court highlighted that the RTC’s assessment of the witnesses’ credibility was paramount, given its opportunity to observe their demeanor and assess their truthfulness firsthand. The Supreme Court found no compelling reason to overturn the lower courts’ assessment of the prosecution witnesses as credible. As the Supreme Court held in People v. Dominguez, Jr., 650 Phil. 492, 520 (2010):

“The issue of credibility of witnesses is a question best addressed to the province of the trial court because of its unique position of having observed that elusive and incommunicable evidence of the witnesses’ deportment on the stand while testifying and absent any substantial reason which would justify the reversal of the trial court’s assessments and conclusions, the reviewing court is generally bound by the former’s findings.”

Damayo’s defense rested on the claim that he and Edna were lovers, and that he took Jerome to Pampanga with her consent, intending to enroll him in a local school. However, the Court found this claim unconvincing, especially given Jerome’s testimony that he had never been to Pampanga before the incident and that he and his mother had never stayed there with Damayo. The court noted the unlikelihood that Jerome would not have packed any belongings had the trip been planned, as Damayo claimed. Moreover, Edna vehemently denied the alleged affair and any agreement to have Damayo take her son to Pampanga.

The Supreme Court emphasized that Damayo failed to present any corroborating evidence to support his version of events. His denial was considered self-serving and insufficient to outweigh the credible testimony of the prosecution witnesses. The Court also noted the absence of any evidence suggesting that Jerome or Edna had any motive to falsely accuse Damayo of such a serious crime. The lack of motive further bolstered the credibility of their testimonies.

Finally, the Court affirmed that the prosecution had adequately established the element of extortion of ransom. Edna testified that Damayo demanded P150,000 for Jerome’s release, a claim Damayo did not refute. The Court clarified that the actual payment of ransom is not required to prove kidnapping for ransom; it is sufficient that the kidnapping was committed for the purpose of extorting ransom. The Supreme Court also affirmed the award of civil indemnity, moral damages, and exemplary damages, finding them consistent with prevailing jurisprudence. The penalty imposed was reclusion perpetua without eligibility for parole due to Republic Act No. 9346, which prohibits the imposition of the death penalty.

FAQs

What was the key issue in this case?	The central issue was whether the prosecution proved beyond reasonable doubt that Francisco Damayo committed kidnapping for ransom, considering the inconsistencies in witness testimonies and Damayo’s defense.
What are the essential elements of kidnapping for ransom?	The essential elements include the offender being a private individual, the kidnapping or illegal detention of another person, the deprivation of the victim’s liberty, and the intent to extort ransom. If the victim is a minor or if the purpose is to extort ransom, the duration of detention is immaterial.
How did the Court address the inconsistencies in Jerome’s affidavit and testimony?	The Court ruled that testimony given in court holds more weight than affidavits, which are often incomplete. The discrepancy regarding whether Jerome was taken by force was considered a minor detail that did not negate the fact of his illegal detention.
Is physical restraint required for a finding of deprivation of liberty?	No, physical restraint is not required. The Court clarified that deprivation of liberty occurs when the victim’s freedom to leave is curtailed, placing them under the control of the abductor, even without physical confinement.
What was Damayo’s defense, and why did it fail?	Damayo claimed he was having an affair with Jerome’s mother and took the child to Pampanga with her consent. This defense failed due to a lack of corroborating evidence and the credible testimony of Jerome and his mother denying the affair and consent.
Does the ransom have to be paid for the crime of kidnapping for ransom to be complete?	No, the actual payment of ransom is not necessary. The crime is complete once the kidnapping is committed with the intent to extort ransom, regardless of whether the ransom is ever paid.
What was the penalty imposed on Damayo?	Damayo was sentenced to reclusion perpetua without eligibility for parole. This was because Republic Act No. 9346 prohibits the imposition of the death penalty, which would have been the appropriate penalty given the circumstances.
What damages were awarded to the victim?	The Court awarded Jerome P100,000 as civil indemnity, P100,000 as moral damages, and P100,000 as exemplary damages, plus legal interest at the rate of six percent (6%) per annum from the time of finality of the Decision until fully paid.

The Supreme Court’s decision in People v. Damayo reaffirms the importance of protecting children from abduction and exploitation. The case underscores the elements required to prove kidnapping for ransom and highlights the weight given to victim testimonies and is another reminder to always act with good conduct because anyone can be held liable.

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 OF THE PHILIPPINES, VS. FRANCISCO DAMAYO Y JAIME, G.R. No. 232361, September 26, 2018