PEOPLE v AVANCENA

People of the Philippines Vs. Elmer Avancena y Cabanela, et al.

G.R. No. 200512

June 7, 2017

FACTS:

Elmer Avancena was, according to his claim, an enforcement officer who was arrested during an entrapment operation. He was alleged, together with his conspirators, of abducting and illegally detaining Rizaldo and extorting a sum of money from the father of the mentioned victim. He claimed that this case was Alfonso’s revenge since he alleged that Rizaldo was involved with drugs matters. This however was not substantiated during the trial. When the decision was made, the court found the accused-appellant guilty as charged beyond reasonable doubt. The case was elevated to the CA who affirmed RTC decision. Thus, the present case was brought before the SC.

ISSUE:

Whether or not the accused-appellant is guilty beyond reasonable doubt of kidnapping and serious illegal detention and robbery.

RULING:

Yes. The law states that any private individual who shall kidnap or detain another, or in any other matter deprive him of his liberty is considered liable to a penalty under Art. 267 of the RPC. It is considered kidnapping and serious illegal detention. All the necessary elements are present and it was proved by the prosecution. SC also rules that the accused-appellant is also guilty of the crime of robbery with violence against or intimidation of persons. In the case at bar this was seen when Avancena demanded a sum of money in exchange of the liberty of the person kidnapped.