GR 130594; (July, 2000) (Digest)
G.R. No. 130594; July 5, 2000
People of the Philippines vs. Orlie Sultan y Masdal and Salik Amino y Lugeoman
FACTS
On February 4, 1992, George Lozano, a bread deliveryman using a red Kawasaki motorcycle owned by his employer, was found dead in General Santos City. His body bore fatal wounds, and the motorcycle was missing. Witnesses, including the victim’s cousin Martillano Lozano and co-worker Rita Pino, testified that they saw the victim riding the motorcycle in the morning. At around noon, they saw the same motorcycle being driven by Akmad Sirad, with appellants Orlie Sultan and Salik Amino as passengers, and the delivery box was detached. Following a police operation on February 8, 1992, Sirad and Sultan were apprehended while in possession of the stolen motorcycle. Sirad implicated Amino, leading to his arrest. The three were charged with Carnapping with Homicide.
ISSUE
Whether the guilt of accused-appellants Orlie Sultan and Salik Amino for the crime of Carnapping with Homicide was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction but modified the awarded damages. The prosecution successfully established the elements of carnapping: the taking of a motorcycle belonging to another without consent, with intent to gain, and the use of violence on the occasion thereof which resulted in homicide. The credible testimonies of eyewitnesses who saw appellants in possession of the stolen motorcycle shortly after the crime, coupled with their actual apprehension while in possession of the vehicle, constituted sufficient circumstantial evidence to prove their participation in a conspiracy to commit the crime. The appellants’ defenses of denial and alibi were weak and could not prevail over the positive identification and the evidence of possession of the stolen property.
The Court sustained the penalty of reclusion perpetua. However, it modified the civil liabilities. In addition to the P50,000 civil indemnity for death and P50,000 moral damages, the appellants were ordered to jointly and severally pay the heirs of the victim P1,367,999.99 for loss of earning capacity, computed based on the victim’s age and proven income. The award of P100,000 as compensatory damages was deleted for lack of basis.