By AMOR LOPEZ
June 24, 2009, 2:12am
The Court of Appeals (CA) has affirmed with modification the decision of a Tagaytay court which found three men guilty for kidnapping a Dutch businessman in Cavite 11 years ago.
However, instead of the death penalty imposed by the trial court, the Third Division of the CA, in a decision penned by Associate Justice Martin S. Villarama Jr., reduced the penalty to reclusion perpetua “without eligibility for parole” in view of the abolition of the death penalty on June 24, 2006.
The penalty of reclusion perpetua carries a maximum jail term of 40 years.
The convicted kidnappers, Policarpio Avenir, Jerome Panes and Emmanuel Villanueva, were ordered by the trial court to pay kidnap victim Gerard Heinen P20 million in actual damages and P1 million in exemplary and moral damages.
Heinen was kidnapped on June 3, 1998 in Silang by three men armed with armalite rifles and dressed in black shirts with police markings and brought to a safehouse in Barangay Bahayang Pag-asa, Molino, Cavite.
Avenir demanded P50 million for Heinen’s release and vowed to kill him if he does not come across.
However, when the Dutchman feigned a heart attack, Avenir panicked, transferred him to a well-ventilated room and lowered the ransom to P20 million.
Heinen was released on June 5, 1998 after his Filipino business partner paid the ransom in marked bills.
Police operatives who raided the Bacoor safehouse a week after Heinen was released arrested Avenir, Rene Pastolero, Jerome Panes, Dante Gironella and Emmanuel Villanueva and recovered P750,000 which was left of the P20-million ransom.
Pastolero was acquitted of the charge.
Gironella, who was later discharged by the trial court as state witness revealed that it was Panes who gave the group information on the movements of Heinen and conspired to kidnap him. Panes worked as the chief security officer of Heinen’s factory in Tagaytay.
