PEOPLE vs. DONIO

People vs. Enrile Donio Y Untalan

GR No. 212815

March 1, 2017

FACTS:

    Accused-Appellant Donio together with his two co-accused were charged of carnapping with homicide.

    Donio assisted by counsel de officio pleaded not guilty when arraigned while his two co-accused were at-large.

     Trial on the merits proceeded.

     One of the witnesses for the prosecution is a police officer who in line with their duties and functions, conducting a checkpoint  on November 26,2003 were implementing their campaign against hijacking, carnapping  and kidnapping along McArthur Highway.

     When a speeding tricycle abruptly stop near the check point which caught the attention of the police officers. They approached the vehicle and asked the identity of the driver, and the driver handed over to the Police Officer a temporary license bearing the name Raul Layug which he likewise identified himself as Raul Layug but later identified as Enrile Donio. When asked by the Police Officers, Donio and his two companions to produce the Certificate of Legislation and official receipt of the vehicle, they failed to do so and were asked to bring the tricycle to the check point.

      Upon visual search, the police officers discovered a bloodstained mini jungle bolo inside. The motorcycle and the bolo were seized by the policeman and brought the three to the police station.

      While in the police station, Donio was allowed to leave when he asked permission to get the OR and CR of the vehicle,but never returned.

       Meanwhile, in the morning of the same date, November 26, 2003, Rodrigo, the brother of Raul Layug was searching for him, the victim , who have not returned home since last night and was driving the tricycle owned by Rodrigo. Rodrigo accompanied by his cousin went to a certain barangay where they found the remains of Raul Layug. Another tricycle driver informed Rodrigo that he saw a similar tricycle that of Rodrigo's at the Conception Police Station. Rodrigo and his other brother went to the police station and found out that the two other companion of Donio were released.

      When on December 2003, the Layug brothers returned to the police station learning that Donio was apprehended.

      The police officer who brought Donio and his companions at the police station on November 26, 2003 when summoned to identify Donio as the person who asked permission from him to get the document is the same person who was apprehend by him on November 2003.

      Another prosecution witness was a doctor who conducted the Post Mortem Investigation regarding the cause of death of the victim Raul Layug and determined that he sustained stab wounds using a sharp instrument.

     On the other hand, the defense has its lone witness, the accused , who testified on the defense of alibi. That he is a grass cutter in a sugar cane plantation and seldom go home being a stay in plantation worker and never leave his place of work for six months, instead his wife visited him. That in one occasion, on the night of November 25, 2003 until the next day he was in their house after his wife fetched him  in his place of work and went home to tend their sick child.

      Donio in a decision rendered by the Regional Trial Court was found guilty and case was elevated to the Court of Appeals but the decision was affirmed.

ISSUE:

Whether the Prosecution has successfully proven beyond reasonable doubt, the guilt of the accused of the crime of car napping with homicide.

RULING:

Yes. The prosecution has proven that the accused committed the crime of carnapping  considering that all  of the elements of the crime were existent and homicide was produced in the course of the commission of the carnapping.