This case has been cited 1 times or more.
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2000-09-14 |
BELLOSILLO, J. |
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| As mentioned earlier, the trial court was of the view that when accused-appellants fled the crime scene on board the tricycle conspiracy was established. We agree. All the elements of carnapping were present in the instant case. After Nacnac was fatally stabbed Dumrique started the engine of the tricycle, while Calabroso dragged Matos into the tricycle to join Sata who was already seated inside. They fled to Kiangan, Ifugao. Intent to gain is presumed when one takes a property belonging to another against his will.[25] The following morning of the incident, the police retrieved from a ravine the sidecar of the motorcycle belonging to Nacnac. Police Inspector Malingan gathered from his investigation that upon reaching Kiangan, the group proceeded to the house of the former employer of Matos. After a while, Matos was left behind while his three (3) companions went to Nueva Vizcaya to dispose of the motorcycle. They promised to fetch Matos afterwards. When the three (3) returned two (2) days later, the motorcycle was still in their possession. They were invited for questioning by the policemen. The intent to gain became an established fact when accused-appellants remained in possession of the motorcycle even after the lapse of two (2) days from the commission of the crime. Given the choice between their gratuitous claim that they utilized the vehicle only as a means of escape and surrendered it to the police upon reaching Kiangan the following morning, and that of the police, we sustain the latter. When police officers have no motive for testifying falsely against the accused, as Inspector Malingan and members of his team were not so falsely motivated, courts will uphold the presumption of regularity in the performance of their duties.[26] | |||||