Title
People vs. Cornista y Reotutar
Case
G.R. No. 218915
Decision Date
Feb 19, 2020
Two men convicted of kidnapping for ransom and homicide after victim’s wife identified them; alibi defense rejected, damages modified.

Case Digest (G.R. No. 218915)

Facts:

People of the Philippines v. Hector Cornista y Reotutar and Alvin Labra y Cornista, G.R. No. 218915, February 19, 2020, Second Division, Hernando, J., writing for the Court. The prosecution (plaintiff-appellee) charged Hector Cornista y Reotutar and Alvin Labra y Cornista (the appellants), together with several others, with Kidnapping for Ransom with Homicide under Article 267 of the Revised Penal Code, as amended by R.A. No. 7659, in Criminal Case No. 06-528 before the Regional Trial Court (RTC) of Binangonan, Rizal, Branch 69; the Information alleged the abduction of Arturo Picones on May 3, 2005, a ransom demand of P5,000,000 (a partial payment of P470,000 was made), and Picones’ subsequent killing.

On arraignment the appellants and several co-accused pleaded not guilty; trial ensued after pretrial. During the proceedings the prosecution moved to discharge co-accused Rogelio Mendoza as a state witness; another accused died; and several accused remained at large. The prosecution presented Mendoza (turned state witness), Arturo’s wife Carmelita Picones, John Llena (son‑in‑law), and police officers; the defense called various accused (including some who testified for the defense), the appellants, and one other witness.

Prosecution evidence established that armed men seized Arturo and Carmelita on May 3, 2005, took Arturo into their vehicle, and thereafter demanded ransom calls and instructions from Carmelita; ransom negotiations proceeded from May 3–6, 2005, culminating in the delivery of P470,000 in two wrapped amounts at Purok 6, Manggahan, where John handed the money to a man identified at trial as one of the accused. Arturo was not released; about a month later his body was exhumed and identified by Carmelita and John.

State witness Mendoza testified he was recruited by his cousin Hector into a Waray-Waray kidnap group and that Arturo was held in a house in Angono where Mendoza cooked and saw Arturo bound, guarded, and later, on May 6, 2005, shot in the head by accused Bitangol upon Hector’s orders. Carmelita identified Alvin as one of the men who pointed a gun at her and Hector as the man who pulled Arturo into the back seat during the abduction; John identified Bathan as the recipient of the ransom money.

The appellants’ defense was alibi and denial. They claimed residence and employment in Jaro, Leyte, and asserted they traveled to Manila only later (August 27, 2005) for vehicle parts; they also alleged they were arrested by men who introduced themselves as police and were tortured into confessing before being turned over to PACER.

The RTC, in a September 24, 2010 decision, found Hector, Alvin, and Ricardo Banaay, Jr. guilty beyond reasonable doubt as principals of Kidnapping for Ransom with Homicide and sentenced them to reclusion perpetua (due to R.A. No. 9346 abolishing the death penalty), ordering various compensatory and exemplary damages; several accused were acquitted or had cases archived pending arrest. Hector and Alvin appealed to the Court of Appeals (CA).

...(Pro-only)

Issues:

  • Did the Court of Appeals correctly affirm the conviction of the appellants for Kidnapping for Ransom with Homicide...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)

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