Case Summary (G.R. No. 73611)
Applicable Law and Constitutional Basis
1987 Philippine Constitution governs capital punishment cases decided after 1990.
Republic Act No. 6539 (Anti-Carnapping Act of 1992), as amended by RA 7659 (Death Penalty Law, effective December 31, 1993)
Revised Penal Code Arts. 14, 63 (indivisible penalties)
Charge and Information
Accused charged with carnapping with murder under R.A. 6539, as amended by R.A. 7659. Allegations:
– Grave abuse of authority, force and intimidation
– Conspiracy with four companions to seize a Yamaha tricycle (Plate No. 2N-7910)
– Shooting, hog-tying and ejecting the driver, causing instantaneous death
Trial Proceedings and Plea
Arraignment: August 17, 1999, plea of not guilty
Prosecution Evidence:
• Eyewitness testimony of Jolito Sanchez detailing the conduct of accused and companions;
• Recovery of sidecar and motorcycle in Tarlac;
• Autopsy report confirming death by gunshot–induced hypovolemic shock.
Defense Evidence:
• Alibi testimony by SPO1 Michael Legaspi (work attendance records December 6–7, 1998);
• Alibi testimony by wife Valeriana Lobitania;
• Denial of participation and challenge to Sanchez’s credibility (alleged gang affiliation).
Issues on Appeal
I. Whether prosecution proved guilt beyond reasonable doubt.
II. Whether damages awarded were proper.
Findings on Credibility and Conspiracy
– Trial court properly assessed Jolito Sanchez’s testimony as clear, categorical and consistent; defense failed to prove improper motive or absence from scene.
– Conspiracy established by coordinated acts: accused ordered route change, accomplices fired, subdued and abandoned the driver, then jointly commandeered the vehicle.
Rejection of Alibi and Denial
– Alibi must be supported by disinterested witnesses and show physical impossibility; wife’s testimony alone insufficient.
– Travel time from Pangasinan (3 a.m.) to Quezon City (6:30 a.m.) plausible.
Elements of Qualified Carnapping
– Unlawful taking of motor vehicle with intent to gain (R.A. 6539 § 2).
– Occasional or incidental killing of the driver qualifies the carnapping.
– Absence of mitigating circumstances; presence of aggravating circumstance (abuse of superior strength).
Aggravating Circumstances and Penalty
– Abuse of superior strength proven by numeric and firepower advantage over unarmed victim.
– Treachery and use of unlicensed firearms not considered:
• Treachery applies only to crimes against persons, whereas qualified carnapping is a special crime against property.
• Unlicensed firearm use not alleged in information.
– Under R.A. 7659 and RPC Art. 63, penalty of death is proper for qualified carnapping with murder.
Case Syllabus (G.R. No. 73611)
Procedural History
- The Regional Trial Court of Urdaneta City, Branch 48 (Criminal Case No. U-10024), convicted SPO1 Danilo Lobitania of aggravated carnapping with murder and sentenced him to death, ordered indemnities and damages to the victim’s heirs, and directed transfer of records for automatic review.
- Accused‐appellant appealed automatically to the Supreme Court pursuant to the law.
- The Supreme Court, after full review, affirmed the conviction with modifications to damages and procedural directives.
Facts of the Case
- On December 5, 1998, SPO1 Lobitania recruited witness Jolito Sanchez and companions to travel by bus from Navotas to Urdaneta, Pangasinan.
- At Barangay Nancayasen, they flagged down a Yamaha tricycle driven by Alexander de Guzman.
- Montolo shot de Guzman in the chest; Sidro hogtied and pushed him out of the moving tricycle, causing instantaneous death.
- Lobitania and companions took the tricycle, threatened Sanchez and Jr. Saburin at gunpoint, and abandoned Sanchez and Jr. Saburin in separate locations.
- Sanchez and Jr. Saburin later reported the incident to PAOCTF in Camp Crame, leading to recovery of the sidecar and motorcycle in San Manuel, Tarlac, and to the Urdaneta Police Station.
- The tricycle owner, David Sarto, identified the recovered parts; autopsy confirmed death by hypovolemic shock due to gunshot.
Charges and Plea
- Amended information charged Lobitania with carnapping with murder (R.A. 6539 as amended by Arts. 248, RPC, and R.A. 7659).
- Accused pleaded not guilty at arraignment on August 17, 1999.
- Defense asserted alibi and de