Case Digest (G.R. No. 120548)
Facts:
In People of the Philippines vs. Jose Villacastin, Jr. (G.R. No. 120548, October 26, 2001), the Regional Trial Court (RTC) of Cadiz City, Branch 60, convicted Joselito Escarda and Jose Villacastin, Jr. of violating Presidential Decree No. 533 (the Anti-Cattle Rustling Law) for the alleged nighttime theft of two female carabaos belonging to Joel Barrieses in Hacienda Ricky, Sagay, Negros Occidental, on July 29, 1987. An information dated April 18, 1988 charged the four accused—Escarda, Villacastin, and two at-large co-accused—with conspiring to cut the cyclone wire corral, untie and carry away the carabaos valued at ₱5,000.00. At the 1991 trial, prosecution witnesses Dionesio Himaya and caretaker Rosalina Plaza testified they saw Villacastin cut the wire at about 2:00 a.m., unleash the beasts and ride them toward the canefields. Both identified Villacastin at trial. The accused pleaded alibi, claiming to have been asleep elsewhere and alleging forced confessions under maltreatmenCase Digest (G.R. No. 120548)
Facts:
- Criminal Information and Arrest
- On April 18, 1988, the Provincial Fiscal charged Joselito Escarda, Jose Villacastin Jr., Hernani Alegre and Rodolfo Caaedo with violation of P.D. No. 533 (Anti-Cattle Rustling Law) for allegedly stealing two female carabaos valued at ₱5,000 belonging to Joel Barrieses in Sagay, Negros Occidental.
- Accused Escarda and Villacastin pleaded not guilty; co-accused Alegre and CaAedo were later dismissed for lack of evidence or were at large.
- Prosecution Evidence
- Dionesio Himaya testified that at around 2:00 AM of July 29, 1987, he saw Villacastin cut the cyclone‐wire corral, untie two carabaos and, with Escarda, ride them away toward the canefields. He identified both men at a distance of four arm’s lengths under moonlight.
- Rosalina Plaza, caretaker of the carabaos, corroborated that Himaya informed her of the theft, that the corral wire was cut, and that the beasts were missing. She immediately reported to the owner and the police.
- Defense Evidence
- Escarda and Villacastin both testified they were at home sleeping on the night in question (from 8:00 PM to 6:00 AM next day) and that any confession was coerced through maltreatment by PC personnel, without counsel present.
- No other witnesses or documentary evidence supported their alibi or innocence.
- Trial Court Decision
- The Regional Trial Court found the prosecution witnesses credible, disbelieved the alibi and denial defenses, and convicted Escarda and Villacastin of cattle rustling.
- It applied three generic aggravating circumstances—recidivism, nighttime, and unlawful entry—and imposed an indeterminate sentence of 18 years, 8 months and 1 day to reclusion perpetua, plus indemnity of ₱5,000.
- Appeal and Subsequent Proceedings
- Both accused filed notices of appeal; Escarda later withdrew his appeal voluntarily in 1999.
- The Supreme Court considered only Villacastin’s appeal, limited to the sufficiency of evidence, identity, ownership proof, alibi, and appreciation of aggravating circumstances.
Issues:
- Whether the prosecution proved beyond reasonable doubt the “taking away” of the carabaos without the owner’s consent pursuant to P.D. 533.
- Whether Jose Villacastin Jr.’s identity as one of the rustlers was established with sufficient certainty.
- Whether the prosecution’s failure to present a certificate of ownership of the stolen carabaos vitiates the conviction.
- Whether Villacastin’s alibi defense was satisfactorily established.
- Whether the trial court properly appreciated the aggravating circumstances of nighttime, unlawful entry, and recidivism.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)