Case Digest (G.R. No. 60502)
Facts:
On May 20, 1992, the People of the Philippines filed an Information in the Regional Trial Court of San Jose City, Branch 39 (Criminal Case No. SJC-64(92)), charging Carlo Ellasos alias Rommel Reyes and Sonny Obillo y Ganayo with carnapping with homicide under Republic Act No. 6539. It was alleged that on April 2, 1992, in San Jose City, the accused, in conspiracy and with intent to gain, forcibly took a motor tricycle (Plate No. CV-1275) owned by Miguel de Belen, and, to facilitate the taking, Ellasos shot de Belen with an unlicensed .38–caliber revolver, causing his instantaneous death. Obillo was arraigned on July 21, 1992, and pleaded not guilty. Ellasos escaped custody and was rearrested four years later, after the prosecution had rested. On July 10, 1997, the RTC ordered separate trials, transferring Ellasos’s case to Muntinlupa and maintaining Obillo’s in San Jose City. The prosecution presented police officers, church caretaker Edgardo Galletes, members of the de BelCase Digest (G.R. No. 60502)
Facts:
- Charge and Arraignment
- On May 20, 1992, Carlo Ellasos alias “Rommel” and Sonny Obillo were charged under R.A. 6539 (Anti-Carnapping Act) with Carnapping with Homicide for the alleged killing of tricycle driver Miguel de Belen.
- The Information alleged that, in conspiracy and with intent to gain, the accused forcibly took De Belen’s motor tricycle and, to facilitate its taking, treacherously shot and killed him.
- Pre-Trial and Trial Proceedings
- On July 21, 1992, Obillo was arraigned in RTC San Jose City and pleaded not guilty; trial proceeded against him.
- Ellasos escaped detention before arraignment and was rearrested in 1996; he was arraigned in RTC Muntinlupa after an order for separate trials.
- On July 10, 1997, the RTC of San Jose City ordered Obillo’s trial to continue there and transferred Ellasos’s trial to RTC Muntinlupa.
- Prosecution Evidence
- Witnesses included police officers (SPO2 Santos, SPO1 Agustin), caretaker Edgardo Galletes, De Belen’s relatives (Fernando, Elena, Antonio), and Dr. Raul Agliam (autopsy).
- Key findings:
- Fernando de Belen saw De Belen’s tricycle driven by Ellasos with Obillo aboard; three hours later, Ellasos and Obillo were seen riding it without De Belen.
- At around 3 AM, Galletes found the two drunk at an INC chapel gate with Obillo holding a tricycle wheel and Ellasos carrying a .38 revolver.
- Autopsy reported a gunshot wound to the head causing irreversible shock; the victim’s body was later found tied to a tree.
- Defense Evidence
- Obillo testified that he was intoxicated, claimed Ellasos used the gun to force the driver off, that he fell asleep in the tricycle, and awoke at the INC chapel; he denied complicity in the killing.
- He alleged police misconduct (no advisement of rights, torture of Ellasos) and maintained no conspiracy or intent to appropriate the tricycle.
- Trial Court Decision
- On February 4, 1999, the RTC found both Obillo and Ellasos guilty beyond reasonable doubt of Carnapping with Homicide, sentenced them to Reclusion Perpetua, and imposed P50,000 compensatory damages, P30,000 funeral expenses, P6,500 tricycle damages, and P50,000 exemplary damages.
- Obillo alone appealed, raising three errors:
- That Carnapping with Homicide was not proven.
- That no conspiracy was established.
- That evidence against him was insufficient.
Issues:
- Whether the elements of Carnapping with Homicide—unlawful taking with intent to gain and killing on the occasion thereof—were established.
- Whether a conspiracy between Obillo and Ellasos was proven.
- Whether the circumstantial evidence suffices to convict Obillo beyond reasonable doubt.
- Whether the penalty (Reclusion Perpetua) and damages awarded were proper.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)