Carnapping 1993 No

. 19: Dodoy, possessing only a student driver's permit, found a parked car with the
key left in the ignition, he proceeded to drive it away, intending to sell it. Just then
Ting, the owner of the car, arrived. Failing to make Dodoy stop. Ting boarded a taxi
and pursued Dodoy, who In his haste to escape, and because of his inexperience,
violently collided with a jeepney full of passengers. The jeepney overturned and was
wrecked. One passenger was killed; the leg of the other passenger was crushed and
had to be amputated. The car of Ting was damaged to the tune of P20,000.00. What
offense or offenses may Dodoy be charged with? Discuss. Answer: Consummated
carnapping. Homicide, Serious Physical Injuries and Damage to Property resulting
from reckless imprudence.

Page 353 of 374 Please take note that with respect to Espiritu Case, taking hold of
the object is enough to consummate the crime; although in the Dirio case, it is still
frustrated because there is inability to dispose freely the object.

Page 354 of 374

Carnapping 1998 No
VI Samuel, a tricycle driver, plied his usual route using a Honda motorcycle with a
sidecar. One evening. Raul rode on the sidecar, poked a knife at Samuel and
instructed him to go near the bridge. Upon reaching the bridge, Raul alighted from
the motorcycle and suddenly stabbed Samuel several times until he was dead. Raul
fled from the scene taking the motorcycle with him. What crime or crimes did Raul
commit? |5%] Answer: Raul committed the composite crime of Carnapping with
homicide under Sec. 14 of Rep. Act No. 6539, as amended, considering that the
killing "in the course or "on the occasion of a carnapping (People vs. De la Cruz, et
al. 183 SCRA 763). A motorcycle is included in the definition of a "motor vehicle" in
said Rep. Act, also known as the 'Anti-Carnapping Act of 1972'. There is no apparent
motive for the killing of the tricycle driver but for Raul to be able to take the
motorcycle. The fact that the tricycle driver was killed brings about the penalty of
reclusion perpetua to death. Alternative Answer: The crime committed by Raul is
carnapping, punished by Section 14 of Rep. Act No. 6539. The killing of Samuel is
not a separate crime but only an aggravating circumstance.