Case Digest (A.M. No. RTJ-93-1031)
Facts:
The case involved the People of the Philippines as plaintiff-appellee and SPO1 Danilo Lobitania as accused-appellant in Criminal Case No. U-10024 tried before the Regional Trial Court of Urdaneta City, Branch 48, Pangasinan. The incident occurred on December 6, 1998 when the tricycle driver, Alexander de Guzman, was shot, abandoned, and his vehicle taken; the trial court convicted accused on December 21, 1999 for aggravated carnapping with murder and sentenced him to death.Prosecution relied principally on eyewitness Jolito Sanchez who identified accused and recounted the killing and taking; accused pleaded alibi and denial and presented witnesses including his wife and SPO1 Michael Legaspi; the Supreme Court reviewed the conviction on automatic appeal (G.R. No. 142380, September 05, 2002).
Issues:
- Was the evidence sufficient to convict SPO1 Danilo Lobitania beyond reasonable doubt of aggravated carnapping with murder?
- Was the trial court’s award of civil and moral/exempl
Case Digest (A.M. No. RTJ-93-1031)
Facts:
- Parties, case identity, and lower court disposition
- PEOPLE OF THE PHILIPPINES, plaintiff-appellee, charged SPO1 Danilo Lobitania, accused-appellant, in Criminal Case No. U-10024, Regional Trial Court, Urdaneta City, Branch 48.
- The amended information charged carnapping with murder under R.A. 6539, as amended; the information alleged that on or about December 6, 1998, accused, with grave abuse of authority and with three unidentified companions, took a Yamaha motorized tricycle Plate No. 2N-7910 owned by David Sarto, driven by Alexander de Guzman, and on the occasion thereof boxed, hogtied, shot and pushed the driver out of the moving tricycle causing his instantaneous death.
- When arraigned on August 17, 1999, accused-appellant pleaded not guilty.
- The trial court, in a decision penned by Judge Modesto C. Juanson dated December 21, 1999, convicted accused-appellant of aggravated carnapping with murder and sentenced him to death; the court ordered indemnity and damages and directed transmission of the record for automatic review.
- Prosecution's factual narrative and physical evidence
- Prosecution eyewitness Jolito Sanchez testified he met accused-appellant at Navotas Fishport on December 4, 1998; on December 5, 1998 Sanchez, accused-appellant, and companions Montolo, Sidro, Daniel, and Jr. Saburin boarded a bus to Urdaneta, Pangasinan.
- At Barangay Nancayasen they flagged down a tricycle driven by Alexander de Guzman; Daniel and Jr. Saburin rode at the back, accused-appellant, Montolo and Sidro were inside, Sanchez was in the sidecar.
- Following accused-appellant's instruction the tricycle turned into an alley; Montolo fired at the driver at the right chest; Sidro grabbed the driver, tied his hands behind his back, and pushed him out of the tricycle; Montolo and accused-appellant threatened Sanchez and Jr. Saburin with guns and took the tricycle.
- The perpetrators detached the sidecar and abandoned the tricycle and sidecar in a sugarcane plantation; the sidecar (Exhibit "E") and motorcycle (Exhibit "F") were recovered, the sidecar on December 6, 1998 and the tricycle on December 12, 1998; owner David Sarto identified them and stated de Guzman regularly drove the vehicle.
- Autopsy by Dr. Ramon Gonzales found death due to hypovolemic shock from gunshot wound to right lung.
- Sanchez and Jr. Saburin reported the incident at Urdaneta Police Station and revealed circumstances to Major Danny Salvador of the Presidential Anti-Organized Crime Task Force; evidence included news clipping (Exhibit 8) regarding an earlier arrest of Rizalito Galinato allegedly linked to Sanchez's motive for testifying.
- Defense case and alibi
- Accused-appellant denied involvement, asserted alibi and attempted to impeach Sanchez by alleging Sanchez was member of the T...(Subscriber-Only)
Issues:
- Sufficiency of the evidence and credibility of eyewitness testimony
- Whether the prosecution proved beyond reasonable doubt that accused-appellant participated in the carnapping and killing of Alexander de Guzman.
- Whether the testimony of prosecution eyewitness Jolito Sanchez was credible and sufficient to establish guilt.
- Validity of damages awarded by the trial court
- Whether the trial court erred in ordering accused-appellant to compensate the heirs of the victim with civil indemnity, moral and exemplary damages.
- Proper penalty and agg...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)