GR 123979; (December, 1998) (Digest)
G.R. No. 123979 December 3, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALIPIO SANTIANO, JOSE SANDIGAN, ARMENIA PILLUETA and JOSE VICENTE (JOVY) CHANCO, accused-appellants.
FACTS
The accused-appellants, comprising NARCOM agents and civilian volunteers, were charged with the kidnapping with murder of Ramon John Dy Kow, Jr., a detention prisoner. The prosecution established that on December 27, 1993, the victim, while on a brief authorized errand outside the Naga City Jail, was forcibly taken by appellants Santiano and Sandigan. They escorted him to the nearby NARCOM office, where Santiano mauled him. Appellant Pillueta acted as a lookout during the mauling. Subsequently, the victim was placed inside a trimobile owned and driven by appellant Chanco, with Santiano and Pillueta also boarding. The vehicle was seen heading away from the city. The victim’s body was later discovered in Palestina, Pili, Camarines Sur.
The defense presented a different narrative, claiming the appellants were merely socializing at the NARCOM office at the material time and had no involvement with the victim. They denied any participation in his kidnapping or killing. The trial court convicted all four appellants of the complex crime of kidnapping with murder, sentencing them to death and ordering them to pay indemnity.
ISSUE
Whether the accused-appellants are guilty beyond reasonable doubt of the crime of kidnapping with murder.
RULING
The Supreme Court modified the trial court’s decision. It acquitted the appellants of murder due to insufficient evidence directly proving they killed the victim. The Court found the prosecution failed to establish the corpus delicti of murder—the fact of death by unlawful means caused by the appellants. The mere discovery of the victim’s body after he was last seen with them did not conclusively prove they caused his death.
However, the Court upheld their conviction for the separate crime of kidnapping or serious illegal detention. The evidence clearly and convincingly showed a conspiracy to deprive the victim of his liberty. The acts of accosting the victim, forcibly taking him to the NARCOM office, detaining and mauling him there, and then transporting him away against his will constituted kidnapping. The Court ruled that the kidnapping was not absorbed by murder, as the initial detention’s purpose was not shown to be for liquidation. The appellants’ concerted actions established conspiracy, making each liable for the kidnapping. The award of civil indemnity was sustained as proper. The penalty was reduced to reclusion perpetua, as the crime occurred before the effectivity of Republic Act No. 7659 .