The Court of Appeals (CA) has stood pat on its decision that affirmed the conviction by the trial court of four Makati City policemen for kidnapping filed against them in 2017.

In a resolution written by Associate Justice Eleuterio L. Bathan, the CA denied the motion for reconsideration filed by Police Officer 2 Harley Garcera, PO2 Clarence Maynes, PO1 Tim Santos, and PO1 Jeffrey Cañete.

The CA said that the convicted police officers failed to raise new arguments that would warrant the reversal of its decision issued last February 14.

It ruled: “The arguments presented in the motion were already considered, discussed, and passed upon in the assailed decision. No new matters were raised by the accused-appellants that would warrant modifying, much less reversing, our earlier findings.”

Affirmed by the CA was the decision handed down by the Pasay City regional trial court (RTC) which sentenced them to reclusion perpetua, a jail term ranging from 20 to 40 years.

Also affirmed was the payment of the P100,000 ransom that the policemen extorted from their victim on top of the P300,000 in civil indemnity and damages.

The case stemmed from the kidnapping charges filed on June 22, 2017 by a motorcycle shop owner who accused the four policemen of illegally arresting him and forcibly taking him with them.

The shop owner testified that while they were inside a vehicle, the policemen demanded P400,000 for his release. To come up with the demanded amount, the shop owner said he would sell his belongings or pawn his vehicle.

The complainant was able to raise only P100,000 and promised the policemen he would give the balance the following day.

He said his telephone number was taken by the policemen who threatened him that if he would not come up with the amount, they would kill his family members.

The four policemen were arrested during an entrapment operation conducted by the Philippine National Police-Counter Intelligence Task Force (CITF) where the shop owner reported the incident.

In affirming its February 14 decision, the CA said: “The prosecution was able to establish beyond reasonable doubt the conspiracy between the appellants. The RPC (Revised Penal Code) provides that a conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.”