The Supreme Court affirmed the conviction of Wennie Idian and modified the conviction of Excel Gurro in connection with a kidnapping for ransom with homicide case. The Court found Wennie guilty as a principal by conspiracy, while Excel was found guilty as an accessory after the fact. This decision underscores the importance of circumstantial evidence in proving conspiracy and clarifies the distinction between principals and accessories in criminal law, particularly in heinous crimes like kidnapping.

Last Seen With the Victim: Unraveling Conspiracy in a Kidnapping Case

This case revolves around the kidnapping and subsequent death of a minor, AAA, and the involvement of Wennie, a relative of the child’s family, and Excel, a cousin of one of the perpetrators. The central legal question is whether the prosecution successfully proved the guilt of Wennie as a principal and Excel as an accomplice beyond a reasonable doubt. The case highlights how courts assess circumstantial evidence to determine conspiracy in kidnapping cases and how individuals are held accountable for their actions, whether as direct participants or accessories.

The prosecution presented evidence indicating that Wennie was the last person seen with AAA before she went missing. Witnesses testified that Wennie left with AAA and returned alone. Following AAA’s disappearance, Wennie acted suspiciously, including secretly texting an unknown person using another’s cellphone and deleting contacts, including that of Joel, who later confessed to the crime.

The Court scrutinized the evidence to determine if Wennie conspired with Joel in the kidnapping. Conspiracy, in legal terms, exists when two or more individuals agree to commit a felony and decide to pursue it. Once conspiracy is established, each conspirator is held equally liable for the actions of the others. The Supreme Court emphasized that direct proof of conspiracy is not always necessary; it can be inferred from the actions of the accused, demonstrating a joint purpose and shared interests.

In this case, the circumstantial evidence pointed to Wennie’s involvement. Her suspicious behavior after AAA’s disappearance, her attempts to mislead the family about Joel’s contact information, and her sudden departure to Catbalogan City—where the ransom money was wired—all contributed to the Court’s finding of conspiracy. The Court rejected Wennie’s defense of denial, noting that such a defense carries little weight against positive testimony and convincing circumstantial evidence. The Court stated:

alibi and denial, if not substantiated by clear and convincing evidence, are negative and self-serving evidence undeserving of weight in law. They are considered with suspicion and always received with caution, not only because they are inherently weak and unreliable but also because they are easily fabricated and concocted.

Turning to Excel, the Court assessed his role in the crime. Excel was initially convicted as an accomplice for assisting in the transfer of ransom money. However, the Supreme Court re-evaluated his participation and determined that he was an accessory after the fact, not an accomplice. According to Article 19 of the Revised Penal Code:

[T]hose who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

The Court noted that Excel’s involvement occurred after the kidnapping was already completed. He retrieved the ransom money and forwarded it to Joel, knowing that it was proceeds from a crime. His actions, though reprehensible, did not contribute to the commission of the kidnapping itself. The Court found that his actions qualified him as an accessory, as he assisted the offender in profiting from the crime’s effects.

The Court emphasized that to be considered an accomplice, it must be shown that the individual (i) knew the criminal design of the principal, (ii) cooperated in the execution of the offense, and (iii) their acts bore a direct relation to the acts done by the principal. Since Excel’s actions occurred after the kidnapping, he did not meet these criteria.

Regarding the penalties, the Court imposed reclusion perpetua without eligibility for parole on Wennie, considering the crime of kidnapping for ransom with homicide. For Excel, as an accessory, the Court imposed an indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum.

The Court also addressed the award of damages, granting P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. The liability for these damages was apportioned, with Wennie and Joel being solidarily liable as principals, and Excel bearing a smaller share corresponding to his role as an accessory. This apportionment reflects the varying degrees of culpability and participation in the crime.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution successfully established the guilt of Wennie as a principal and Excel as an accomplice beyond a reasonable doubt in the crime of kidnapping for ransom with homicide. The court clarified the roles of each individual in the crime.
What is the legal definition of conspiracy?	Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Once conspiracy is established, the responsibility of the conspirators is collective, thereby rendering them all equally liable.
What is the difference between an accomplice and an accessory?	An accomplice cooperates in the execution of the offense by previous or simultaneous acts, while an accessory takes part after the commission of the crime, such as by profiting from the effects of the crime or assisting the offender to escape. The timing and nature of involvement determine the distinction.
How did the court determine Wennie’s guilt as a principal?	The court relied on circumstantial evidence, including that Wennie was the last person seen with the victim, her suspicious behavior after the victim’s disappearance, and her attempts to mislead the family about Joel’s contact information. The totality of these actions established her conspiracy with Joel.
Why was Excel’s conviction changed from accomplice to accessory?	Excel’s participation was limited to actions committed after the kidnapping was already consummated. His retrieval and transfer of the ransom money occurred after the crime, which qualifies him as an accessory rather than an accomplice.
What penalties were imposed on Wennie and Excel?	Wennie received a penalty of reclusion perpetua without eligibility for parole, while Excel received an indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. The difference reflects their distinct roles in the crime.
What damages were awarded in this case?	The Court granted P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. These damages were apportioned based on the degree of liability of each individual.
How were the damages apportioned among the accused?	Wennie and Joel, as principals, were solidarily liable for the majority of the damages, while Excel, as an accessory, bore a smaller share corresponding to his lesser involvement in the actual kidnapping. This reflects the varying degrees of culpability.

This case reinforces the principle that individuals involved in heinous crimes will be held accountable to the full extent of the law, whether as principals or accessories. It also highlights the judiciary’s role in carefully evaluating evidence to ensure that convictions align with the level of participation and culpability of each defendant.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: EXCEL GURRO Y MAGA v. PEOPLE, G.R. NO. 237216, September 18, 2019