SECOND DIVISION [G.R. September 14, 2000] PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOHNNY CALABROSO, SONNY BOY MATOS, RICHARD SATA and LEONARDO DUMRIQUE, accused-appellants. D E C I S I O N BELLOSILLO, J.: JOHNNY CALABROSO, SONNY BOY MATOS, RICHARD SATA and LEONARDO DUMRIQUE were charged with carnapping for taking away on 19 May 1994, in conspiracy with one another, a TMX Honda motorized tricycle owned and driven by one Tranquilino Nacnac, with intent to gain and by means of force, violence and intimidation.

Vedenko B.g Kovalchuk V.p Tarasjuk V.s. Vasilev V.l Juridicheskaya Psihologiya Vasiliev In.a. Vasilev Prussak Dorozhno Stroitelnye Mashiny Vasiliev And. Venger Roditeli Prosyat Soveta Wenger Parents. Ulichnaya serenada filjm. Vereta L.a Vorobeva M.s Prirodnaya Geterogennost. Vera Muhina Tom Literaturno Kriticheskoe Nasledie.

They were also charged with robbery with homicide for taking away on the same day P400.00 belonging to Nacnac, again in conspiracy with one another, also with intent to gain and by means of violence and intimidation; and, on the occasion and by reason thereof, inflicted upon Nacnac multiple stab wounds on different parts of his body which directly caused his death. On 15 March 1996 the trial court found all four (4) accused guilty of carnapping and sentenced them to life imprisonment, to pay the costs, and required the police of Roxas, Isabela, to return the tricycle to the widow of Nacnac. As regards the charge of robbery with homicide, only Johnny Calabroso and Leonardo Dumrique were found guilty thereof for which they were sentenced to reclusion perpetua and to indemnify the heirs of Nacnac in the amount of P50,000.00 without subsidiary imprisonment in case of insolvency, and to pay the costs. The court acquitted accused Richard Sata and Sonny Boy Matos. The factual backdrop: Danilo Cerveza was lining up his tricycle at the waiting lane in Centro, Barangay Nuesa, Roxas, Isabela, at about six o'clock in the evening of 19 May 1994.

Four (4) men, later identified as Johnny Calabroso, Sonny Boy Matos, Richard Sata and Leonardo Dumrique, ages eighteen (18) to twenty-one (21), boarded Cerveza's tricycle and asked him to take them to Gabit, Barangay Nuesa, Roxas, Isabela. They offered him P35.00 for their fare but he wanted P40.00. Since they could not agree, the men alighted and proceeded westward. Some thirty (30) meters away they flagged down another tricycle. It was driven by Tranquilino Nacnac, Cerveza's compadre. Nacnac agreed to transport them to their destination. The following morning, Nacnac was found dead in Gabit, Barangay Nuesa.

He bore twenty-two (22) stab wounds on the head, torso and upper limbs. The police authorities of Kiangan, Ifugao, received a report that same morning that the sidecar of a motorcycle was spotted at the bottom of a ten (10) to fifteen (15) - meter deep ravine. They retrieved the sidecar. It was splattered with dried blood.