Republic of the Philippines

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Republic of the Philippines
Supreme Court
Manila
 
EN BANC
 
PEOPLE OF THE PHILIPPINES,             Appellee,       - versus -         VENANCIO ROXAS y ARGUELLES,           Appellant.|             G.R. No. 172604          (Formerly G.R. Nos. 155345-47)             Present:             CORONA, C.J.,            CARPIO,            CARPIO MORALES,            VELASCO, JR.,             NACHURA,             LEONARDO-DE CASTRO,             BRION,*             PERALTA,             BERSAMIN,**             DEL CASTILLO,             ABAD,             VILLARAMA,             MENDOZA,             PEREZ, and             ARANAL-SERENO,* JJ.          Promulgated:               August 17, 2010|  |  |

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DECISION
 
 
PERALTA, J.:
 
On appeal by way of automatic review is the Decision[1] dated January 13, 2006 of the Court of Appeals in CA-G.R. CR-H.C. No. 00666, affirming the Judgment[2] of the Regional Trial Court (RTC) convicting appellant Venancio Roxas y Arguelles (appellant) for the crimes of Kidnapping and Serious Illegal Detention with Frustrated Murder, Violation of Republic Act (R.A.) 6539, or the Anti-Carnapping Act of 1972, and Theft. The Informations alleged –  

In Criminal Case No. Q-94-54285 for Kidnapping and Serious Illegal Detention with Frustrated Murder –              
              That on or about January 12, 1994 in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together, confederating and mutually helping one another, did then and there by means of force, violence against and intimidation of person and at gunpoint, willfully, unlawfully, and feloniously kidnap, carry away and detain AGNES GUIRINDOLA, a female, thereby depriving her of her liberty, and thereafter bring her to an uninhabited place in Barangay Bagong Pook, San Jose, Batangas and then and there, with intent to kill and with treachery, evident premeditation, and abuse of superior strength, willfully, unlawfully and feloniously shoot her in the face with a hand gun, thus performing all the acts of execution which would produce the crime of MURDER as consequence, but which, nevertheless, do not produce it by reason of causes independent of the will of the accused, that is, the able and timely medical assistance given to said Agnes Guirindola which prevented her death, resulting to her utmost grief, sorrow, sufferings and sleepless night, compensable in actual, moral and exemplary damages in such amounts as may be awarded to them under the provisions of the Civil Code of the Philippines.  

CONTRARY TO LAW.[3]
 
In Criminal Case No. Q-94-54286 for Carnapping –
             
              That on or about January 12, 1994, in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together, confederating and mutually helping one another, with intent to gain and by means of force, violence against and intimidation of person and at gunpoint, did then and there, willfully, unlawfully and feloniously, take and carry away one Nissan Sentra Model 1993 with Plate No. TKR-837, then driven by Agnes Guirindola but owned by her mother Elvira G. Guirindola, to the damage and prejudice of said Agnes Guirindola and Elvira G. Guirindola in such amount as may be awarded to them under the Civil Code of the Philippines.  

              CONTRARY TO LAW.[4]
                                                           and -
 
 
In Criminal Case No. 94-54287 (amended) for Robbery –
             
              That on or about January 12, 1994 in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together, confederating and mutually helping one another, with intent to gain and by means of force, violence against and intimidation of person and at gunpoint, did...
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