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PEOPLE vs Elgin Latayada (At Large)

PEOPLE OF THE PHILIPPINES, appellee, vs. ELGIN LATAYADA (at large), appellant.

G.R. No. 146865 | 2004-02-18

D E C I S I O N

PANGANIBAN, J.:

When the evidence falls short of proving all the elements of carnapping with homicide, but the killing is conclusively established, the accused may be convicted only of homicide when the Information does not allege any qualifying circumstance.

The Case

For automatic review before this Court is the December 29, 2000 Decision[1] of the Regional Trial Court (RTC) of Cagayan de Oro City (Branch 18) in Criminal Case No. 97-917, finding Elgin Latayada guilty beyond reasonable doubt of carnapping with homicide. The decretal portion of the Decision reads:

"WHEREFORE, in view of all the foregoing considerations,...