People vs.
Nocum et. Al., (Case Digest)
G.R. No. 179041, April 1, 2013
By: G-one T. Paisones
Facts:
On or about September 12, 1998 in Muntinlupa City, the
above-named accused conspiring, confederating and mutually helping one another,
with intent to gain for themselves and without the consent of the owner, did
then and there, willfully, unlawfully and feloniously take and carry away one
motor vehicle valued at more or less Three
Hundred Thousand Pesos (P300,000.00) to the
damage and prejudice of its owner, Lourdes Eleccion, in the aforestated amount
and in the course of the commission thereof, Erico Medel, the driver of the
said vehicle, was killed.
Issue:
Whether or not there is special
complex crime of carnapping with homicide attended in the case.
Held:
Yes.
Ratio:
To prove the special complex crime of carnapping with homicide,
there must be proof not only of the essential elements of carnapping, but also
that it was the original criminal design of the culprit and the killing was
perpetrated "in the course of the commission of the carnapping or on the
occasion thereof." Thus, the prosecution in this case has the burden of
proving that: (1) Mallari took the Toyota FX taxi; (2) his original criminal
design was carnapping; (3) he killed the driver, Medel; and (4) the killing was
perpetrated "in the course of the commission of the carnapping or on the
occasion thereof."
In fine, all the elements of the
special complex crime of carnapping with homicide, as well as the identity of
Mallari as one of the perpetrators of the crime, were all proved beyond
reasonable doubt. The foregoing circumstances inevitably lead to the lone, fair
and reasonable conclusion that Mallari participated in stealing the FX taxi
driven by Medel and in killing him.
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