GR L 1783; (April, 1949) (Digest)
G.R. No. L-1783; April 30, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DIONISIO CARPIO Y ESTACIO, ET AL., defendants. DIONISIO CARPIO, appellant.
FACTS
Early in the morning of September 26, 1947, Norman E. Lamb, an American, was shot and killed near his parked jeep on Leveriza Street after escorting Gertrudes Castro to her home. The police investigation led to the arrest and indictment of Dionisio Carpio, Pablo Carel, and James Craig. Craig, who was discharged to become a state witness, testified that he drove a taxi for the group. He recounted that Carel and Jose Gutierrez (at large) initially discussed stealing a jeep parked in Leveriza, with Gutierrez having a ready buyer. Carpio joined them, and Carel gave Carpio a pistol. Carpio and Gutierrez then walked toward the jeep. Shortly after, Craig heard gunshots, and Carpio returned hurriedly, stating he had a “duel” with the American inside the jeep. Carpio, who had a fresh gunshot wound, was driven home. Craig later disposed of the pistol. Ballistics examination confirmed that a bullet from that pistol killed Lamb. Carpio and Carel admitted being present at the scene but denied conspiracy, claiming Gutierrez unexpectedly snatched the pistol, held up Lamb, and initiated the shooting, with Carpio attempting to intervene.
ISSUE
Whether the conviction of appellant Dionisio Carpio for attempted robbery with homicide is supported by evidence, despite the primary testimony coming from an accomplice.
RULING
Yes, the conviction is affirmed. The testimony of accomplice James Craig, though requiring caution, is credible and corroborated by physical evidence (the pistol linked ballistically to the crime, Carpio’s fresh gunshot wound) and the defendants’ own admissions of being present at the scene and time of the crime. The defense’s claim of lack of conspiracy and that Gutierrez acted alone is unconvincing. The offense committed is attempted robbery with homicide under Article 297 of the Revised Penal Code. The penalty imposed on Carpio (reclusion perpetua) is correct, considering the aggravating circumstances of nighttime and use of a motor vehicle. The indemnity to the victim’s heirs is increased to P2,000. The judgment is affirmed with modification.
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