PEOPLE OF THE PHILIPPINES, V. REYNANTE MANZANERO

Ruling

WHEREFORE, the Court finds the accused Reynante Manzanero, Mario Tanyag y Marasigan, Arhtur Fajardo y Mamalayan and Mario Evangelista GUILTY BEYOND REASONABLE DOUBT for the felony of KIDNAPPING and SERIOUS ILLEGAL DETENTION with ransom and in conformity with law they are hereby sentenced to suffer separate prison term of RECLUSION PERPETUA and to pay the costs. With respect to ANGELITO EVANGELISTA he is hereby sentenced to suffer prison term of 12 years and 1 day as minimum to 14 years and 8 months as maximum of reclusion temporal. x x x x Thus, the Court further finds the accused Reynante Manzanero, Mario Tanyag, Arthur Fajardo and Mario Evangelista GUILTY beyond reasonable doubt of the felony of Robbery and hereby sentenced to suffer prison terms of eight (8) years and two (2) days as minimum to ten (10) years as maximum as prision mayor. The accused are ordered to pay the amount of P50,000.00 representing the value of victim's personal property. The L-300 van which was used by the accused as their getaway vehicle and in boarding the victim to a secluded place in Tanauan, Batangas is ordered confiscated and forfeited in favor of the STATE. In view of the conviction of the accused, the BJMP of Manila is ordered to commit them to the National Bilibid Prison, Muntinlupa without any oncoming delay. With respect to accused Mario Tanyag y Marasigan, the BJMP of Calamba City Laguna is ordered to commit him to the National Bilibid Prison, Muntinlupa, Metro Manila. [27] Aggrieved, Manzanero and Fajardo appealed before the CA. The CA Ruling In its assailed 2 September 2013 decision, the CA granted Manzanero and Fajardo's appeal. The appellate court agreed that all the elements of kidnapping with ransom were duly proven by the prosecution. It elucidated that even if the extrajudicial confession of the accused were disregarded, Tony's positive identification of his abductors was sufficient to convict Manzareno and Fajardo. However, the CA expounded that there was insufficient evidence to prove conspiracy to commit robbery because the degree of participation of the accused was not clearly proven. The dispositive portion of the ruling reads: WHEREFORE, premises considered, the appeal is hereby PARTIALLY GRANTED and the appealed Decision is MODIFIED as follows: (1) We AFFIRM the judgment in Criminal Case NO. 05-235530 which adjudged the guilt of accused for kidnapping and serious illegal detention and sentenced them to suffer the corresponding penalty, with forfeiture of the vehicle, and to pay the costs; (2) We REVERSE the convictions of Reynante Manzanero, Mario Tanyag, Arthur Fajardo, Mario Evangelista and Angelito Evangelista in Criminal Case NO. 05-235531 for robbery due to the prosecution's failure to prove their guilt beyond reasonable doubt. Consequently, We delete the award of Php50,000.00 allegedly representing the value of the victim's personal belongings. [28] Aggrieved, Fajardo appealed before the Court. ISSUE WHETHER THE ACCUSED-APPELLANT IS GUI