6119923, 190 PM (Case Digest PEOPLE v. JESUSANO ARCENAL Y AGUILAN, by Ljean Hector Murphy PEOPLE v. JESUSANO ARCENAL Y AGUILAN, GR No. 216015, 2017-03-27 (/juris/view/cf67b? user=geS94VUVaeWdGWEO2MVJNMGVJUEV2dXVqOGtYMHR3bytT VnJpVUROQ)Yycz0=) Facts: Before Us for review is the May 12, 2014 Decision(1] of the Court of Appeals (CA) in CA-G.R. CR-HC No. 05000, which affirmed the Decision[2] dated November 30, 2010 of the Regional Trial Court (RTC), Branch 27, Santa Cruz, Laguna in Criminal Case No. [Link] antecedent facts are as follows:Accused-appellant Jesusano Arcenal y Aguilan (Arcenal) was charged with violation of Republic Act (R.A.) No. 6539 otherwise known as Anti-Carnapping Act of 1972, as amended by R.A. No. 7659. The accusatory portion of the Information reads:That on or about April 11, 2000, in the Municipality of Pila, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with intent to gain, by means of force and violence and in the night time, which circumstances facilitated the commission of the offense, did then and there willfully, unlawfully and feloniously take, steal and drive away a motorized Yamaha tricycle with Plate No, DT-6680 valued at [P]22,000.00 owned and belonging to one RENATO DE RAMA, and which at the time was driven by one ALVIN DE RAMA, against their will and consent and to the damage and prejudice of the afore-named owner thereof in the said amount of TWENTY-TWO THOUSAND ([P]22,000.00) PESOS, Philippine currency; that in the course of the commission of the aforesaid offense or on the occasion thereof, the same [above-named] accused, while conveniently armed with an unestablished (sic) deadly ‘weapon/instrument, with intent to kill and with treachery and evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault, hit and strike with the said weapon/instrument the driver of the same motorized tricycle, ALVIN DE RAMA, thereby inflicting upon the latter gaping wounds with irregular edges on the right and occipital area of his head aside from the abrasions and hematomas on the different parts of his body which directly caused his instantaneous death, to the damage and prejudice of his surviving heirs. The RTC convicted accused-appellant Arcenal of the crime of carnapping with homicide. the CA affirmed the decision of the RTC in toto. Issues: Basically, the issue to be resolved by this Court in this appeal is whether the prosecution has successfully proven beyond reasonable doubt that Arcenal is guilty of the crime of carnapping with homicide. Ruling: The elements of carnapping as defined and penalized under Republic Act (R.A) No. 6539, as amended, are the following:That there is an actual taking of the vehicle; That the vehicle belongs to a person other than the offender himself;That the taking is without the consent of the owner thereof; or that the taking was hips tawyortphidigestCI67b7user=6608 we6119923, 190 PM (Case Digest PEOPLE v. JESUSANO ARCENAL Y AGUILAN, committed by means of violence against or intimidation of persons, or by using force upon things; andThat the offender intends to gain from the taking of the vehicle. there was no eyewitness to the act of killing. However, this Court finds that the pieces of circumstantial evidence presented before the trial court, which are consistent with one another, establishes Arcenal's guilt beyond reasonable doubt. 3t. The tricycle was definitely ascertained to belong to Renato, as evidenced by a Deed of Absolute Sale[24] in his favor Second. Alvin was last seen alive at the tricycle terminal at 11:00 [Link] April 11, 2000, as stated in the direct testimonies of Flores and Meras: Third. Alvin left the terminal with Arcenal, his lone passenger and back rider. Flores, who knew Arcenal personally since the latter was also a resident of Pila, and had once been a tricycle driver, positively identified Arcenal. In his direct testimony... Fourth. About 15 minutes after they left the terminal, Arcenal was scurrying on board Alvin's tricycle coming from the Forest Park's direction. Flores was en route to the terminal after he brought a passenger to Linga when he saw Arcenal driving the vehicle alone towards the direction of Barangay Labuin-Fifth. At 6:05(28] a.m. on April 12, 2000, Alvin was found dead on the side of the road on Forest Park with his tricycle patently missing. According to the autopsy report, his cause of death was shock secondary to intra-cranial hemorrhage, secondary to trauma. Notably, there were three gaping wounds on the right and left occipital area (at the back of the head), and contusion hematoma on the entire posterior neck [Link]. When the vehicle was recovered, bloodstains were noted on the motorcycle and the [Link]. The fingerprints lifted from the tricycle matched with Arcenal's right hand index finger. According to the supplemental report, Dactyloscopy Report No. F-051-00-A,[29] eleven (11) ridges of the fingerprints were identical in both the questioned and standard fingerprints. It proved that the lifted fingerprint labeled as "Q-3" is identical with the right fingerprint of Arcenal,[ The fingerprints, which was confirmed as identical with Arcenal's, found on the vehicle not only substantiated the testimonies of Flores and Meras that he was indeed Alvin's passenger but also established that he had possession of the said vehicle. Arcenal's fleeing with Alvi his intent. 's tricycle showed his intent to gain. That it was later abandoned does not negate the gaping wounds and hematoma at the back of Alvin's head and neck, Arcenal who was Alvin's back rider passenger fled with the tricycle, and the bloodstains on the motorcycle and its side car — inevitably lead this Court to conclude that the assault happened while Alvin was in the vehicle or was within its vicinity. the police failed to locate Arcenal after learning from witnesses that the latter was last seen with Alvin and was driving the vehicle alone thereafter. Flight is an indication of his guilt or of a guilty mind. Indeed, the wicked man flees though no man pursueth, but the righteous are as bold as a lion. Principles: hips tawyortphidigestCI67b7user=6608 22