People v. Aquino

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Republic of the Philippines

SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 201092               January 15, 2014

PEOPLE OF THE PHILIPPINES, Plaintiff -Appellee,


vs.
JOEL AQUINO y CENDANA @ "AKONG," Accused-Appellant.

DECISION

LEONARDO-DE CASTRO, J.:

Before this Court is an appeal from a Decision  dated July 29, 2011 of the Court of Appeals in CA-
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G.R. CR.-H.C. No. 04265, entitled People of the Philippines v. Joel Aquino y Cendana alias Akong,
which affirmed with modifications the Decision  dated September 18 2009 of the Regional Trial Court
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of Malolos, Bulacan, Branch 12 which convicted appellant Joel Aquino y Cendana alias Akong for
the felony of Murder under Article 248 of the Revised Penal Code in Criminal Case No. 483-M-2003
and for the crime of violation of Republic Act No. 6539 otherwise known as the Anti-Camapping Act
of 1972 in Criminal Case No. 484-M-2003.

The pertinent portion of the lnformation  dated December 9, 2002 charging appellant with Murder in
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Criminal Case No. 483-M-2003 is reproduced here:

That on or about the 6th day of September, 2002, in San Jose del Monte City, province of Bulacan,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed
with an ice pick and with intent to kill one Jesus O. Lita, with evident premeditation, treachery and
abuse of superior strength, conspiring, confederating and mutually helping one another, did then and
there willfully, unlawfully and feloniously attack, assault and stab with the said ice pick the said Jesus
O. Lita, hitting him on the different parts of his body, thereby inflicting upon him mortal wounds which
directly caused his death.

On the other hand, the accusatory portion of the Information  also dated December 9, 2002 accusing
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appellant with violating Republic Act No. 6539 in Criminal Case No. 484-M-2003 reads:

That on or about the 6th day of September, 2002, in San Jose del Monte City, province of Bulacan,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed
with an ice pick and by means of force, violence and intimidation, conspiring, confederating and
mutually helping one another, did then and there willfully, unlawfully and feloniously, with intent [to]
gain and without the knowledge and consent of the owner thereof, take, steal and carry away with
them one (1) tricycle with Plate No. TP-9198 valued at ₱120,500.00, belonging to Jesus Lita and
Sisinio Contridas, to the damage and prejudice of the said owners in the said amount of
₱120,500.00; and that on the occasion or by reason of said carnapping, the said accused, pursuant
to their conspiracy and with intent to kill, attack, assault and stab Jesus Lita, owner and driver of the
said tricycle, hitting him on the different parts of his body which directly caused his death.

Arraignment for the two criminal cases was jointly held on February 13, 2004 wherein appellant
pleaded "NOT GUILTY" to both charges. 5
As indicated in the Appellee’s Brief, the following narration constitutes the prosecution’s summation
of this case:

On September 5, 2005, at around 8:30 in the evening, the victim Jesus Lita, accompanied by his
ten-year old son, Jefferson, went out aboard the former’s black Kawasaki tricycle. Upon reaching
San Jose del Monte Elementary School, appellant Joel Aquino together with Noynoy Almoguera
a.k.a. Negro, Rodnal, Bing, John Doe and Peter Doe boarded the tricycle. Noynoy Almoguera
instructed the victim to proceed to the nipa hut owned by appellant.

Upon reaching the said nipa hut, Jesus Lita, appellant and his companions had a shabu session
while Jefferson was watching TV. After using shabu, Noynoy Almoguera demanded from the victim
to pay Five Hundred Pesos (₱500.00), but the victim said that he had no money. Appellant shouted
at the victim demanding him to pay. Bing suggested to her companions that they leave the nipa hut.
Thus, the victim mounted his tricycle and started the engine. Noynoy Almoguera and John Doe rode
in the tricycle behind the victim while appellant and Rodnal rode in the sidecar with Jefferson [sitting]
at the toolbox of the tricycle. Inside the tricycle, appellant pointed a knife at Jefferson while Noynoy
Almoguera stabbed the victim’s side. After the victim was stabbed, he was transferred inside the
tricycle while appellant drove the tricycle to his friend’s house where they again stabbed the victim
using the latter’s own knife. Then they loaded the victim to the tricycle and drove to a grassy area
where appellant and his companions dumped the body of the victim. Thereafter, they returned to
appellant’s residence. Jefferson told the sister of appellant about the death of his father but the sister
of appellant only told him to sleep.

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