G.R. No. 224562 & G.R. No. 237216, September 18, 2019
Excel Gurro y Maga, Petitioner, vs. People of the Philippines, Respondent. / People of the Philippines, Plaintiff-Appellee, vs. Excel Gurro y Maga, Wennie Inting, Jj. Idian y Jamindang and Joel Jamindang y Zosa, Accused, Wennie Idian y Jamindang and Excel Gurro y Maga, Accused-Appellants.

FACTS

An Information for Kidnapping for Ransom was filed against Excel Gurro y Maga (Excel) on August 12, 2008, later amended to include Wennie Idian y Jamindang (Wennie) and Joel Jamindang y Zosa (Joel) and to allege the victim’s death, charging them with Kidnapping with Homicide. The charge stemmed from the kidnapping of 8-year-old AAA on August 2, 2008, in Marikina City, for a ransom of Three Million Pesos, of which Php186,000 was received, and her subsequent murder while in captivity. Joel pleaded guilty, while Excel and Wennie pleaded not guilty. The prosecution established that Arnel Salvador brought AAA to Wennie’s house. Witness Patrick Mabulac saw AAA there and later saw Wennie leave with AAA, returning alone. After AAA went missing, ransom demands were made via text. Patrick’s interactions with Wennie revealed she borrowed his phone, deleted messages and contacts, and later, Joel’s number was identified as matching the kidnapper’s. Arnel deposited Php186,000 into an account under Jackielou Guevarra’s name as instructed. Jackielou testified that Excel, her high school acquaintance, asked to borrow her account for a deposit from his cousin Joel; she later withdrew Php186,000 and gave it to Excel. AAA was not released and was found dead. Wennie left for Catbalogan, Samar. Joel admitted to the kidnapping and killing, exonerating Wennie and claiming Patrick was the mastermind, and stated he used Excel merely to receive the ransom. Wennie denied involvement, claiming she brought AAA to a friend’s house and AAA left for home afterwards.

ISSUE

Whether the prosecution sufficiently established the guilt of accused-appellants Wennie Idian y Jamindang and Excel Gurro y Maga beyond reasonable doubt for the crime of Kidnapping with Homicide.

RULING

Yes. The Supreme Court affirmed the findings of the lower courts with modifications. The Court found that Wennie conspired with Joel in the kidnapping. Her being the last person seen with the victim, her suspicious acts post-kidnapping (borrowing and deleting phone data, leaving for Catbalogan), and the circumstantial evidence collectively pointed to her conspiracy. Conspirators are liable for all acts done pursuant to the conspiracy. Excel was correctly convicted as an accomplice. His act of facilitating the receipt of the ransom money by borrowing Jackielou’s bank account, withdrawing the money, and delivering it constituted indispensable cooperation without which the crime could not have been accomplished. His claim of lack of knowledge was not credible. The penalty for Kidnapping with Homicide under Article 267 of the Revised Penal Code, as amended by R.A. No. 7659 , is reclusion perpetua to death. Applying R.A. No. 9346 , which prohibits the death penalty, the penalty imposed is reclusion perpetua without eligibility for parole. The Court modified the awarded damages. Accused Joel Jamindang y Zosa and Wennie Idian y Jamindang are jointly and severally liable to pay the heirs of AAA Php100,000 as civil indemnity, Php100,000 as moral damages, Php100,000 as exemplary damages, and Php50,000 as temperate damages. Excel Gurro y Maga is solidarily liable with them for the same amounts. All monetary awards shall earn interest at 6% per annum from finality of judgment until fully paid.