G.R. No.
232361, September 26, 2018 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FRANCISCO DAMAYO Y
JAIME, ACCUSED-APPELLANT.
Facts:
On the 7th day of August 2008, at 12:00 noon, Jerome Rosario eleven (11) years old, was
outside his school at Sucat Elementary School, Brgy. when appellant, known to him as
Kuya Frank, approached and told him that he was there to fetch him as they were going
somewhere. Because Jerome was familiar with the appellant, he went with him. Upon
arriving at Pasay, they boarded a bus. Jerome did not know where they were going.
His parents Edna Rosario and Jerry Rosario were worried because Jerome had not
returned from school, they started to search for Jerome. They chanced upon Daryll (a
classmate of Jerome) Daryll responding to the inquiry, informed them that an unknown
man had taken Jerome during dismissal time. Edna and Jerry reported the incident to the
barangay.
At 8th of August 2008, Jerome’s Mother (Edna) received a call from her daughter’s
cellphone. The ma introduced himself as Jermone’s classmate. Edna Recognized that it
was Damayo. Damayo was demanding P150,000 as ransom for Jerome Rosario’s
Release.
9th of August 2008, the parents of Jerome (Edna and Jerry) went to the Muntinlupa Police
Station to report, in which the police devised a plan to retrieve Jerome. On the same day,
Damayo was arrested, Jerome was rescued.
Upon the arrest of Damayo, when he was giving his defense, he claimed that he had an
illicit relationship with Edna, therefore he did not kidnap Jerome but only following the
instructions of Edna to fetch Jerome from school and to meet her at Pasay bus terminal.
This is because they were planning to transfer Jerome to another school in Pampanga, in
which they were living as common-law spouses.
The RTC and the CA found Damayo guilty, for his evidence was futile to support his
testimony. However, Damayo appealed the case to the Supreme Court.
Issues:
Whether or not the accused-appellant is guilty of Kidnapping for Ransom.
Ruling:
Yes, Guilty
Accused-appellant Francisco Damayo y Jaime is found GUILTY beyond reasonable
doubt of the crime of Kidnapping for Ransom and is sentenced to suffer the penalty
of Reclusion Perpetua without eligibility for parole. He is ORDERED to PAY the
private complainant Jerome Rosario y Sampaga the amounts of P100,000.00 as civil
indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, with
legal interest at the rate of six percent (6%) per annum from the time of finality of this
Decision until fully paid.
