Against Property - Brigandage & Theft
Against Property - Brigandage & Theft
GUILINAO
Paras, J.
Facts:
Gulinao was charged and convicted of 3 separate offenses: Murder committed
with the use of an unlicensed firearm, Robbery and Carnapping.
It was found that Gulinao, Dr, Chua, Victor Caguioa and several others had a
caucus (meeting or “inuman”) in a house in Malabon on the night of Mar. 3,
1987. After which (Mar. 4, na) they went to a bar in Valenzuela, wherein
Gulinao, shot Dr. Chua in the head and afterwards took his ring. Gulinao then
poked a gun at Caguioa, who was inside Dr. Chua’s car and forced him to get
out, after which he took the car and drove off.
During the prosecution of the case Gulinao refused to present any evidence and
was uncooperative towards his counsels. In his appeal he questions the charge
of illegal possession of firearms alleging double jeopardy and his robbery and
carnapping conviction .
Decision:
The Court held that his contention of double jeopardy can’t stand as he was
charged for 2 separate incidents. The first charge was due to an incident which
occurred on Mar. 5, 1987 (illegal possession), whereas the second charge was
due to an incident that occurred on Mar. 4, 1987 (murder w/ an unlicensed
firearm). No double jeopardy as there is no identity of the crimes charged.
Also, the Court held that he was not guilty of robbery w/ the use of violence but
of theft as the taking of his ring after he killed Dr. Chua was merely an
afterthought. The violence upon Dr. Chua’s person was not intended to facilitate
the taking, but was for intended to kill Dr. Chua.
Also, Gulinao’s allegation that there was no proof of intent to gain in his taking of
Dr. Chua’s car is without merit. Intent to gain is an internal act that is presumed
from the unlawful taking of the car.