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G.R. No. 115215 – 314 SCRA 505 – Criminal Law – Book I – Aggravating Circumstance – Use of Motor Vehicle
On August 8, 1993, Elizalde Faco was tasked to fetch Lenny Gatalan, a cashier in a bakery. But Faco has other plans that day. Instead of only fetching Gatalan, he robbed her and raped her. He used his tricycle to fetch her and used the same tricycle to dump Gatalan’s body. Faco alleged in trial that he was only forced by a certain Danny to commit the crime. This was not proven.
ISSUE: Whether or not Faco is guilty beyond reasonable doubt.
HELD: Yes. Since Faco used his tricycle to facilitate the commission of the offense, the aggravating circumstance of use of motor vehicle is appreciated against Faco. It has been established during the trial that appellant used the tricycle in going to the place of the crime, and in facilitating his escape. However, Faco voluntarily surrendered. His penalty is reduced from death to reclusion perpetua.