GURRO VS PEOPLE

FACTS:
On August 2, 2008, Arnel Salvador brought his 8 year old daughter AAA to the house of
Wennie. Patrick, a witness, saw AAA at Wennie’s house playing with the latter’s daughters at
around 2:00pm. Later, he saw Wennie leave with AAA but the former returned without the latter
at 3:00pm. Wennie is the wife of Randy, the brother of Arnel’s wife, Helen Salvador.
At around 5:00pm, Bernard, Helen’s brother, received a text message from an unknown
person saying “Hawak namin ang anak ninyo. Don’t call cops. 3 Million, kung hindi papatayin
naming ang anak ninyo.”
At around 6:00-7:00pm. Helen, Arnel, Randy, and Helen’s mother went to Wennie’s
house looking for AAA. When the group had left, Wennie borrowed Patrick’s phone, inserted her
sim card and texted someone. After removing her sim card, she apologized to Patrick saying
that she accidentally deleted all the messages in his phone. Later, she borrowed again and
deleted all of Patrick’s contacts in his phone.
The next day, Patrick noticed that Joel’s number was missing in his contact list so she
asked Wennie for Joel’s number but the latter said that Joel no longer has a phone so Patrick
asked from the house helper. Later on, Patrick showed the Salvador family Joel’s cellphone
number and they noticed that Joel’s number matched that of the kidnapper’s.
At round 8:00pm, Arnel’s family received another text message from the kidnappers
ordering Arnel to come up with the 3M money, otherwise they would kill AAA. The next morning,
Arnel sent a message saying that he only had Php 186,000.00. The kidnappers instructed him
to bring the money at 7-Eleven but later ordered him to deposit it instead at Metrobank in the
account of Jackielou Guevarra.
At around 5:00pm, Arnel again received a text message from the kidnappers saying that
AAA will be dropped off in Cuba, Quezon City. However, AAA was never released. Arnel’s
family learned that AAA had been killed on August 3, 2008. They were instructed to go to a
funeral to identify her body.
Jackielou testified that at around 12 noon of August 4, 2008, Excel approached her and
asked if he could borrow her account number so that his cousin Joel could deposit Php
20,000.00 in her account for his tuition fee. She had known Excel since high school so she
agreed. Later, Jackielou received a text message from Excel informing her that Php 186,000.00
had been deposited to her account. She withdrew the money and handed it to Excel and the
latter handed the same to Joel.
ISSUE: Is petitioner liable as an accessory to the crime of kidnapping for ransom with homicide?
HELD:
Yes, petitioner is liable as an accessory to the crime of kidnapping for ransom with
homicide.
Under the law, those who, having knowledge of the crime, and without having
participated therein, either as principals or accomplices, take part subsequent to its commission
by assisting the offender to profit by the effects of the crime, by destroying the body of the crime
or the effects thereof to prevent its discovery and by harboring, concealing, or assisting in the
escape of the principals of the crimes. In the cases decided by the Supreme Court, the Court
explained that if the victim was detained for the purpose of extorting ransom and the victim dies
during detention, the crime committed shall be the special complex crime of Kidnapping for
Ransom with Homicide.
In the present case, Excel did not cooperate or assist in kidnapping AAA and detaining
the latter. Excel’s participation in the incident was limited to acts committed after the abduction
was already consummated. Excel is guilty only as an accessory to the said crime when he
retrieved the ransom money from Metrobank and immediately forwarded the same to Joel.
Hence, Wennie and Joel are guilty as principals to the crime of Kidnapping for Ransom with
Homicide and Excel Gurro as an accessory to the said crime.