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2017 (GR No 199710, People V Borja) PDF
2017 (GR No 199710, People V Borja) PDF
DECISION
LEONEN , J : p
For his defense, PO3 Borja testi ed that on the day of the alleged incident, he
was with PO2 Ding Tan at Branch 79, Regional Trial Court, Quezon City to testify as a
witness in a criminal 2 0 case. 2 1 However, the hearing was postponed. 2 2 After securing
a certificate of appearance, PO3 Borja decided to go home at 12:00 noon. 2 3
At around 2:00 p.m., PO3 Borja received a phone call from an unknown person.
The caller sought assistance to recover his sister who had been arrested. He instructed
the caller to call back. On the second call, the caller told him to go to the Wildlife Park
and meet a certain Edwin, who would be wearing a white T-shirt and a bull cap. 2 4
PO3 Borja proceeded to the Wildlife Park and met Edwin, who told him that
Ronalyn and Lusterio had been arrested earlier in a buy-bust operation. PO3 Borja
advised Edwin to go with him to the police station and report the incident. However,
Edwin said that he had to wait for his cousin to arrive. 2 5
Half an hour later, Captain Frederick Obar (Capt. Obar), SPO3 Eric Orellaneda
(SPO3 Orellaneda), and three (3) unidenti ed persons approached PO3 Borja. SPO3
Orellaneda shouted, "Meron lang ditong nag-eextortion" to which PO3 Borja replied,
"Wala naman akong alam." SPO3 Orellaneda con scated PO3 Borja's wallet, cellphone,
and rearm. Afterwards, Sgt. Cordova shouted, "O, meron ditong P100,000.00 galing
kay Borja." 2 6 PO3 Borja was then arrested and was charged of kidnapping for ransom.
27
3. Rollo, p. 3.
4. Id.
5. Id. at 3-4.
6. Id. at 4.
7. Id.
8. Id.
9. CA rollo, p. 26.
10. Rollo, p. 4.
11. Id.
12. Id.
CD Technologies Asia, Inc. 2017 cdasiaonline.com
13. Id. at 5.
14. Id.
15. Id. at 5.
16. Id. at 6.
17. CA rollo, p. 26.
18. Id.
19. Rollo, p. 6.
20. Id. at 6-7.
25. Id.
26. CA rollo, p. 28.
27. Rollo, p. 7.
28. CA rollo, pp. 25-31. The Decision, docketed as Crim. Case No. Q-04-127167, was penned by
Presiding Judge Alexander S. Balut of Branch 76, Regional Trial Court, Quezon City.
29. Id. at 31.
30. Id.
31. Id.
32. Id. at 32-34, Accused-Appellant's Notice of Appeal.
33. Id. at 60, Manifestation.
34. Rollo, pp. 2-23.
35. Id. at 22.
4 4 . Rollo, p. 69, Supplemental Brief. In the Resolution dated February 1, 2012 this Court
dismissed Ronalyn Manatad's appeal of the Decision of the Court of Appeals dated
December 15, 2010.
45. Id.
46. CA rollo, pp. 150-151.
51. People v. Obeso, 460 Phil. 625, 633 (2003) [Per J. Panganiban, Third Division].
52. REV. PENAL CODE, art. 267.
53. 359 Phil. 928 (1998) [Per J. Vitug, First Division].
54. Id. at 943.
55. 676 Phil. 420 (2011) [Per J. Carpio, Second Division].