Case Number 26
The Regional Trial Court found him guilty with the crime of Homicide with Less
People v. Enguito (Janine)
G.R. No.
15 Dec. 2000 | Bellosillo, J. | Aggravating circumstance; by means of motor vehicle
PETITIONER: People of the Philippines
RESPONDENTS: Thadeos Enguito
DOCTRINE: The use of a motor vehicle qualifies the killing to murder if the
same was perpetrated by means thereof. Enguito’s claim that he merely Enguito's
claim that he merely used the motor vehicle, Kia Ceres van, to stop the victim
from escaping is belied by his actuations. By his own admission, he testified that
there was a police mobile patrol near the crossing. He could have easily sought
the assistance of the police instead of taking the law into his own hands. Moreover,
he already noticed the deceased trying to jump out of the motorela but he still
continued his pursuit. He did not stop the vehicle after hitting the deceased who
was hit when he (Achumbre) was at the railing of the Marcos bridge. Enguito
further used the vehicle in his attempt to escape. He was already more than one
(1) kilometer away from the place of the incident that he stopped his vehicle upon
seeing the police mobile patrol which was following him.
FACTS:
1. On or about September 22, 1991, Felipe Requerme was driving a motorela, together
with his wife Rosita and another passenger, Engr. Wilfredo Achumbre, who is the
deceased in this case. The deceased was picked up by them on their way home and
requested them to bring him to his house. While on their way, a white vehicle, which
was later on identified as a Ceres Kia automobile bearing Plate No. 722,
intentionally hit and pushed the motorela that they were riding and violently kept
pushing it causing it to turn around facing the direction from where it came from
and fell on its right side.
2. Rosita testified that while she was struggling out of the motorela she noticed that
the white vehicle went up the elevated catwalk or pathway pursuing Achumbre who
was hit when he was already at the railing (barandilla). Then she observed that the
white vehicle drove away without even caring to see what happened to them. The
spouses/victims were brought to the police station while the Achumbre was brought
to the hospital who was declared dead on arrival.
3. It was later on found out upon investigation that said incident was predicated on the
earlier fight which transpired between Achumbre and the driver of the motor
vehicle, Thadeos Enguito, the accused in this case. As a result of the death of
Achumbre, his wife filed a criminal complaint against the accused.
4.
Serious Physical Injuries, taking into consideration the aggravating circumstance of
use of motor vehicle which was alleged in the information.
5. On appeal to the Court of Appeals, the latter modified the crime to Murder due to
the aggravating circumstance. The accused went to the Supreme Court imputing
error on the decision of the Court of Appeals with respect to the declaration of the
crime of Murder against him on the ground that he did not intentionally choose the
motor vehicle he was driving as a means of committing the offense, and that at
most, the vehicle was the only available means to stop the deceased from escaping.
6. He argued that it was his intention to apprehend and surrender the deceased to the
police for his previous act of mauling him but in the process, he killed the deceased.
ISSUE: WON the crime committed by Thadeos was qualified with the aggravating
circumstance of its perpetration with the use of a motor vehicle. – YES.
HELD:
1. The use of a motor vehicle qualifies the killing to murder if the same was
perpetrated by means thereof. Enguito's claim that he merely used the motor
vehicle, Kia Ceres van, to stop the victim from escaping is belied by his actuations.
2. By his own admission, he testified that there was a police mobile patrol near the
crossing. He could have easily sought the assistance of the police instead of taking
the law into his own hands. Moreover, he already noticed the deceased trying to
jump out of the motorela but he still continued his pursuit.
3. He did not stop the vehicle after hitting the deceased who was hit when he
(Achumbre) was at the railing of the Marcos bridge. Enguito further used the
vehicle in his attempt to escape. He was already more than one (1) kilometer away
from the place of the incident that he stopped his vehicle upon seeing the police
mobile patrol which was following him.
4. The crime committed by Enguito is the complex crime of murder with less serious
physical injuries. Under Article 48 of the Revised Penal Code, the penalty for a
complex crime shall be the maximum period of the penalty for the most serious
crime. The crime was committed in 1992 where the penalty for the crime of murder,
which is the most serious crime, was reclusion temporal in its maximum period to
death under Article 248 of the Revised Penal Code.
5. The death penalty being the maximum period of the penalty for murder should be
imposed for the complex crime of murder with less serious physical injuries
considering that under Article 63, an indivisible penalty cannot be affected by the
presence of any mitigating or aggravating circumstance.
 6. People vs. Muñoz - Article III, Section 19 (1) of the 1987 Constitution did not
change the period of the penalty for murder except only insofar as it prohibits the
imposition of the death penalty and reduces it to reclusion perpetua, the Court of
Appeals was correct in imposing the penalty of reclusion perpetua.

DISPOSITIVE PORTION: WHEREFORE, the decision convicting accused-appellant

Thadeos Enguito of the complex crime of Murder with Less Serious Physical Injuries and
sentencing him to the penalty of reclusion perpetua is hereby AFFIRMED with the
MODIFICATION that accused-appellant is ordered to pay the heirs of deceased Wilfredo
Achumbre the amount of P50,000.00 as civil indemnity; P1,680,000.00 for loss of earning
capacity; P 16,300.00 as actual damages; P 50,000.00 as moral damages; and to further pay
the spouses Felipe and Rosita Requerme the amount of P20,000.00 as moral damages. SO
ORDERED.