GR 124309; (May, 2000) (Digest)
G.R. No. 124309 . May 16, 2000.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VIRGILIO RIMORIN, EDRITO CASTILLO and GLENN GARCIA, accused, VIRGILIO RIMORIN, accused-appellant.
FACTS
Accused-appellant Virgilio Rimorin, along with Ely Rillon, forcibly took Peter Lim and Louie Gonzales from their homes at gunpoint on April 16, 1981. They also picked up Napoleon Osoteo. All three were transported via jeep to a forested area in Caba, La Union, where they were met by co-accused Edrito Castillo and Glenn Garcia. At the site, a pit had been prepared. Lim and Gonzales, with their hands tied, were struck on the head with a piece of wood by Rimorin and then by Rillon with a bolo. Their bodies were dumped into the pit, stabbed by Rimorin, burned, and buried. Osoteo was threatened not to report the incident. The crime remained unreported for a decade due to fear, until Osoteo disclosed it in 1991 after learning of Rillon’s death. Burned skeletal remains were later exhumed from the site.
ISSUE
Whether the prosecution proved beyond reasonable doubt the guilt of appellant Virgilio Rimorin for the special complex crime of kidnapping with murder.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimony of eyewitness Napoleon Osoteo to be credible and consistent on material points, despite minor inconsistencies on collateral details which even bolstered his credibility by showing no rehearsed testimony. His positive identification of Rimorin as a direct participant in the abduction, assault, and stabbing of the victims was categorical. The defense of alleged police frame-up, due to a separate shooting incident involving Rimorin and policemen, was deemed unsubstantiated and a mere denial. The Court ruled that the failure of the victims’ families to immediately report the crime, due to well-founded fear, did not impair the prosecution’s case. The crime committed is the special complex crime of kidnapping with murder under Article 267 of the Revised Penal Code, as amended by R.A. 7659, since the victims were killed in the course of their detention. The killing need not be the original purpose; it is sufficient that death occurred during the kidnapping. The trial court’s factual findings, including its assessment of witness credibility, are accorded great weight and were upheld. The penalty of reclusion perpetua for each count and the awards of civil indemnity were affirmed.