ELMER DIAMANTE AND TANNY BOY STA. TERESA VS. PEOPLE OF THE
PHILIPPINES G.R. No. 180992, September 4, 2009
Criminal Law Digested Case / Case Digest
Robbery and carnapping
FACTS:
In the afternoon of July 9,
2000, Cadorniga was in his clinic inside his house when the accused entered
knocked therein to seek dental check up. He let them in; he went inside and fix
his things. As he got out, he noticed there were already five people inside. He
went on with his check up when someone grabbed him and announced hold-up. The
assailants soon ransacked the clinic for around 15 minutes and left carrying
Cadorniga’s personal effects. Cadorniga thereafter heard his car alarm sound
off, putting him on notice that his car, a Daewoo racer, was likewise taken.
At about 10:00 to 11:00 p.m. of the following day, Gerardo turned up at the clinic and advised Cadorniga that they had to rush to Pandacan because his car would be sold to a buyer in Cavite. Accompanied by officers of the Manila police, Gerardo led Cadorniga and his brother to the house of Sta. Teresa who promptly confessed being one of those who had robbed Cadorniga. Sta. Teresa subsequently led them to the house of Loza where the other accused were hiding. The police thus apprehended Sta. Teresa, Diamante, Maricar, and Lintag and brought them to the police station. Some of the stolen items, including the Daewoo racer, were recovered.
Lintag admitted his involvement in the robbery but denied participation in the carnapping. Dela Rosa and Diamante, on the other hand, denied participation and proffered alibi. Meanwhile, Sta. Teresa averred that he was merely helping Maricar and her boyfriend moving things from her mother’s house to her new apartment.
ISSUE:
At about 10:00 to 11:00 p.m. of the following day, Gerardo turned up at the clinic and advised Cadorniga that they had to rush to Pandacan because his car would be sold to a buyer in Cavite. Accompanied by officers of the Manila police, Gerardo led Cadorniga and his brother to the house of Sta. Teresa who promptly confessed being one of those who had robbed Cadorniga. Sta. Teresa subsequently led them to the house of Loza where the other accused were hiding. The police thus apprehended Sta. Teresa, Diamante, Maricar, and Lintag and brought them to the police station. Some of the stolen items, including the Daewoo racer, were recovered.
Lintag admitted his involvement in the robbery but denied participation in the carnapping. Dela Rosa and Diamante, on the other hand, denied participation and proffered alibi. Meanwhile, Sta. Teresa averred that he was merely helping Maricar and her boyfriend moving things from her mother’s house to her new apartment.
ISSUE:
Are the assailants guilty of
the crime charged?
RULING:
RULING:
That Cadorniga was tied down to a stool at gun point to facilitate the commission of the crimes speaks unequivocally that petitioners and their cohorts employed violence and intimidation in taking away Cadorniga’s personal effects and the Daewoo racer without his consent and with intent to gain. This is clear from the testimony of Cadorniga alone which, as reflected earlier, is categorical on all material points. The records being barren of proof of any ill motive on the part of Cadorniga to testify falsely against petitioners, his testimony is entitled to full faith and credit. Well settled is the rule that the testimony of a single, trustworthy, and credible witness is sufficient for conviction.
Gerardo’s testimony should thus not be doubted merely because his participation was limited to bringing his passengers to their destination. He positively identified petitioners as among those he had brought to the clinic of Cadorniga and who entered the same on the day of the incident. At the very least, this is further proof of petitioners’ presence at the crime scene when the robbery and carnapping were committed, belying all uncorroborated allegations to the contrary.
The assailants are guilty of both simple robbery and carnapping.