G.R. No. 124765 . July 2, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. C1C ERNESTO RAMOS, accused-appellant.

FACTS

On April 1, 1991, an Information was filed with the Regional Trial Court of Quezon City charging C1C Ernesto Ramos (formerly with the Philippine Constabulary), Estelita Hipolito, and six John Does with the kidnapping and serious illegal detention of Juanito “Boyet” Jube. The information alleged that on June 8, 1988, in Quezon City, accused Ramos and several others went to a store where a mahjong game was being held in Lagro, looked for Jube, pulled him outside, attacked him with a steel Jube and an armalite, rendering him unconscious, and then lifted him into a Land Cruiser without a plate followed by a Lancer car with plate NGL-333, owned by Hipolito, and brought and detained him against his will. Both Ramos and Hipolito pleaded not guilty.
The prosecution presented Herminia Reyes, who testified that on June 8, 1988, Hipolito gathered Ramos and several others at her bus terminal in Sta. Cruz, Manila, instructing them to go to Lagro, Quezon City to “get” a certain “Boyet” who had hit her bus conductor. The group used two of Hipolito’s vehicles: a blue Lancer (NGL-333) and a red Land Cruiser without a plate.
Eyewitness Orlindo Legaspi testified that between 8:00 and 9:00 PM on June 8, 1988, at the Lagro jeepney terminal in Novaliches, Quezon City, he was inside a mahjong den when accused-appellant Ramos entered looking for “Boyet.” When no one answered, Ramos left but returned minutes later holding a .45 caliber gun, which he poked at Legaspi and another person, stating he was a policeman and needed only Boyet. Jube identified himself, after which Ramos grabbed him by the collar, hit him on the nape with the gun, and pushed him outside. Legaspi followed and saw Ramos and about six other persons maul Jube, hitting him with a lead pipe whenever he fell. They then lifted Jube’s body into the back of the Land Cruiser, which was parked beside a blue Lancer car.
Another eyewitness, Amniel Timbang (Jube’s brother-in-law), corroborated the account, testifying that from across the street, he saw his brother-in-law being mauled by a group of about six persons, including Ramos, before being loaded into a vehicle.

ISSUE

The issue is whether the accused-appellant, C1C Ernesto Ramos, is guilty beyond reasonable doubt of the crime of kidnapping and serious illegal detention.

RULING

The Supreme Court affirmed the conviction. The trial court’s assessment of witness credibility is accorded great respect, as it had the direct opportunity to observe their demeanor. The testimonies of prosecution witnesses Legaspi and Timbang were found credible, consistent, and positive in identifying Ramos as a principal participant in the forcible abduction of Jube. Their testimonies established that Ramos, armed with a .45 caliber pistol, seized Jube from the mahjong den, assaulted him, and, with companions, mauled him and loaded him into a vehicle. The fact that Jube has been missing since the incident and his body was never found does not negate the commission of kidnapping and serious illegal detention, as the crime is consummated by the actual deprivation of the victim’s liberty. The defense of denial and alibi proffered by Ramos cannot prevail over the positive identification by credible witnesses. The Court found no reason to deviate from the trial court’s findings and thus upheld the judgment of conviction.