Carnapping

The elements of carnapping as defined and penalized under the Anti-Carnapping Act of 1972 are the following: 1. That there is an actual taking of the vehicle; 2. That the vehicle belongs to a person other than the offender himself; 3. That the taking is without the consent of the owner thereof; or that the taking was committed by means of violence against or intimidation of persons, or by using force upon things; and 4. That the offender intends to gain from the taking of the vehicle (People of the Philippines Vs. Renato Lagat y Gawan, a.k.a. Renat Gawan and James Palalay y Villarosa, G.R. No. 187044. September 14, 2011 ). REVISED RULES ON EVIDENCE (Rules 128-134, Rules of Court) AS AMENDED PER RESOLUTION ADOPTED ON MARCH 14, 1989 PART IV RULES OF EVIDENCE

RULE 133 Weight and Sufficiency of Evidence Section 2. Proof beyond reasonable doubt. In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainly. Moral certainly only is required, or that degree of proof which produces conviction in an unprejudiced mind. (2a)