People vs Lara

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People vs Lara
G.R. No. 171449
October 23, 2006

Facts:

On 31 January 1997, appellant Jose D. Lara, a.k.a. Joe Kalbo, was charged with Robbery with Homicide, Qualified Illegal Possession of Firearm, and Robbery in Criminal Cases Nos. 97-13706, 97-13707 and 97-13708, respectively, before the RTC of Antipolo, Rizal. Lara possessed firearms with ammunition, and without authority or license to possess said firearms, nor permit to carry them outside his residence, then willfully, unlawfully and feloniously use his shotgun in killing Chito B. Arizala who was a security guard of the Taurus Security Agency and Allied Services designated as officer-in-charge of the security detachment, assigned to guard the premises of the Sanchez Estate at Manalite II, Brgy. Sta. Cruz, Antipolo City, then a municipality of Rizal.

Upon motion by the Public Prosecutor, Criminal Cases Nos. 97-13707 and 97-13708 cases, which were raffled to Branch 74, were ordered consolidated with Criminal Case No. 97-13706 before Branch 71 of the same court. On 16 April 1999, the cases were transferred to Branch 73, the latter being the branch designated to try heinous crimes.

Issue:

Whether the trial court gravely erred in convicting the accused despite the existence of reasonable doubt in his favor?


Held:

While the prosecution was in the process of adducing its evidence, appellant escaped from detention. After the prosecution rested its case, the lower court granted the prosecution’s motion to declare appellant to have waived his right to present evidence and to consider him a fugitive from justice.

In a Decision dated 3 March 2003, the trial court found appellant guilty of the charges, the dispositive portion of which reads:

WHEREFORE, premises considered, accused JOSE LARA Y DAVID is hereby found guilty beyond reasonable doubt in Criminal Case Nos. 97-13706, 97-13707 and 97-13708. Said accused is hereby sentenced to suffer the following penalties: Death for Criminal Case No. 97-13706; Prision Mayor minimum period pursuant to the provision of P.D. 1866 as amended by RA 8292 plus a fine of P30,000 for Criminal Case No. 97-13707; and imprisonment for 4 years 2 months of Prision Correccional as minimum to 10 years of Prision Mayor as maximum for Criminal Case No. 97-13708. Further, the accused is hereby order (sic) to pay to the heirs of Chito Arizala P170,805.25 as actual damages, P200,000 as moral damages, P50,000 as death indemnity, P648,000 for the victim’s loss of earning capacity and P100,000 as exemplary damages. And to indemnify Taurus Security Agency and Allied Services in the amount of P24,800.
On 22 December 2005, the Court of Appeals affirmed appellant’s conviction of Robbery with Homicide and Robbery, but acquitted him for Qualified Illegal Possession of Firearm.