People vs. Renato Lagat GR No.

187044

a. FACTS
i.

Lagat, Palalay, stole MC driven, owned by Biag; Biag died with stab, hack wounds during carnapping Pre-trial order contained: (1) Biag cadaver recovered along Angadanan road (2) accused arrested in possession of palay stolen in Alicia (3) Biag died as from stab and hack wounds Prosecution rests; L&P files MTD on DTE, w/o LOC on ground of failure to prove GBRD; L&P averred violation of rights on custodial investigation w/o counsel or relatives to assist them; admissions not supported by documentary evidence Palalay claims maltreatment while in police custody; Accused claimed circumstantial evidence (no object evidence for bloodstains, no murder weapon, no eyewitness) presented by prosecution not sufficient to convict them; RTC finds L&P GBRD of qualified carnapping, reclusion perpetua, plus actual and moral damages RTC agrees with accused re violations of rights during custodial investigation; admission, voluntary or not, cannot be used against them and inadmissible in evidence Accused motion for reconsideration denied by RTC Accused went to CA, averred (1) tricycle possession cannot prove owner killing (2) act of fleeing maybe due to stolen palay and not carnapping (3) no evidence linking bloodstain to Biag (4) accused leading bgy officials to where Biags body was dumped was aprt ofinterrogation without counsek, which RTC itself said is inadmissible CA affirms conviction, raising amount of actual damages,holding that all elements of carnapping were present

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b. ISSUE :
i. ii. iii.

all elements of carnapping present in this case violation of rights of accused during custodial investigation accused can be convicted based on the circumstantial evidence presented by the prosecution.

c. HELD
i.

SC: all elements are present and proven during trial

ii.

SC: Circumstantial evidence, when viewed as a whole, established L&P guilt BRD Additional temperate damages awarded Damages for loss of earning capacity may be awarded despite absence of documentary evidence testimony, if deceased is self employed, earning below minimum where no documentary evidence is available ; Biags net earning capacity computed at 80y/o expectancy, work as tricycle driver, death at 56y/o and net income at 50% of gross income

iii. iv.