PEOPLE OF THE PHILIPPINES, appellee, vs. RULING: YES.
ISAIAS FERNANDEZ y VERAS a.k.a. ISAIAH FERNANDEZ, ROBERT
BOBBY KIWAS y BINAWE, JOHN DOE, PETER DOE and CHARLIE
DOE, accused.
ISAIAS FERNANDEZ y VERAS a.k.a. ISAIAH FERNANDEZ, appellant.
October 23, 2003 | Quisimbing, J.
DOCTRINE: Both aggravating and qualifying circumstances must be
alleged in the information. The new rule provided under Rule 110,
Section 8 of the Revised Rules of Criminal Procedure, being favorable
to the accused, can be given retroactive effect and made applicable to
pending cases.
SUMMARY: Isaias Fernandez was charged with violation of the Anti-
Carnapping Act (RA 7659) together with a certain Robert Kiwas. The victim,
Clifford Guinguino, was killed during the carnapping incident. Robert Kiwas
had been earlier tried and convicted of the offense charged. The last clause of
Section 14 of RA 7659 states that reclusion perpetua to death is imposable
when the victim is killed. Considering as aggravating the commission of the
offense by a person belonging to an organized or syndicated crime
group, the trial court imposed the penalty of death upon Fernandez.
Fernandez argues that the allegation of being part of a syndicate was neither
alleged nor proved by the prosecution. The Supreme Court agreed with the
appellant, citing as legal basis the doctrine stated above.
FACTS:
On April 21, 1996, the accused drove away a Toyota Tamaraw FX
owned by Jeffred and Josephine Acop, which was driven by Clifford
Guinguino. During the carnapping, the accused fired multiple
gunshots ar Guinguino, thereby causing his death.
The appellant pleaded not guilty to the crime charged. His co-accused,
Robert Kiwas, has been earlier tried and convicted of the offense. The
trial court later finds the accused guilty beyond reasonable doubt and
sentences him to suffer the extreme penalty of death
The appellant argues that the trial court erred in imposing on him the
penalty of death on the bases that he is a member of an organized
group or syndicate engaged in illegal carnapping scheme.
ISSUE: WON the trial court erred in imposing the penalty of death upon the
appellant
Under Rule 110, Section 8 of the Revised Rules of Criminal
Procedure, both aggravating and qualifying circumstances must be
alleged in the information. Being favorable, to the appellant, this new
rule can be given retroactive effect as they are applicable to pending
cases.
In this case, the allegation of being part of a syndicate or that appellant
and companions had formed part of a group organized for the general
purpose of committing crimes for gain, which is the essence of a
syndicated or organized crime group, was neither alleged nor
proved by the prosecution. Hence, the Court agrees that it was error
for the trial court to sentence appellant under Article 62 of the RPC.
No aggravating circumstance having been alleged or proved properly
in this case, the provisions of Article 63 (2) of the RPC should be
applied. Without mitigating nor aggravating circumstance found
in the commission of the offense, the lesser penalty for the
offense, which is reclusion perpetua, should be imposed on
appellant.
OTHER CRIMPRO TOPIC: Rule 131 Sec. 3 (j) That a person found
in possession of a thing taken in the doing of a recent wrongful act is
the take and the doer of the whole act; otherwise, that things which a
person possesses, or exercises acts of ownership over, are owned by
him;
o Appellant failed to give a plausible explanation for his
possession of the stolen Tamaraw FX, perforce, he is
presumed to have taken the vehicle away from the rightful
owner or possessor thereof.
RTC decision AFFIRMED with MODIFICATION: to suffer the penalty
of reclusion perpetua instead of death