Mercado v People 2002 Petitioners: Marvin Petitioners: Marvin Mercado Respondents: People Respondents: People of the Philippines Bellosillo, J Rattio and Obiter Dictum SUMMARY: Mercado was sentenced to 1!," mos to #0!ears because he was found $uilt! of carnappin$% &e assailed the '()s decision as it should have been brou$ht to *' as the prison term is that of reclusion perpetua and that '( erred in the rulin$% *' affirmed and reduced the sentence +1!, "mos to #0 !ears 1!, "mos, to 22 !ears as the carnappin$ was -O. committed with violence or intimidation of a person%
FACTS: • • •
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Ma! 2/, 1/ eonardo Bha$wani par3ed 4su5u tropper in front of his house% Ma! 2 reported the loss to Ma3ati Police *tation Ma! #1 Bha$wani)s nei$hbor, (lvare5, disclosed he learned from his dau$hter that the accused stole the trooper o 6venin$ 'ummins, 7lores, Bertumen and 7lores admitted the! too3 the vehicle and used it to $o to a$una, a union and Ba$uio o .he! alle$ed that Bha$wani 3new of this and even lent him the 3e!s to the trooper Marvin Mercado +w Rommel 7lores, Michael 'ummins, Mar3 8as9ues and 6nile Bertumen was char$ed with and convicted of violation of R( /:#; or .he (nti< 'arnappin$ (ct of 12 Prison term +reclusion temporal o M4-12 !ears, one da! o M(= 1 !ears, " months Court of Appeals increased prison increased prison term of 1 !ears, " months to #0 !ears Mercado raised that #0 !ears is alread! reclusion perpetua +accordin$ to *ec 1#, Rule 12" of 'riminal Procedure, thus he argues that the case should be brought to the SC as SC as the! are the court that hears cases for reclusion perpetua, death or life imprisonment *' and 'ourt of appeals denied% .he penalt! must be at least reclusion perpetua for *ec 1# rule 12" of the 2000 Rules of 'riminal Procedure to be applicable%
ISSUES: •
>o- '( erred in its rulin$ -o% '( followed People v Omoto!% n Footnote 16 of the decision, it was observed <
.he appeal was ta3en directl! to this .ribunal for the reason no doubt that the penalt! of reclusion perpetua is involved, albeit ?oined to prision mayor in its ma@imum period in accordance with the 4ndeterminate *entence aw% Actuall!" the appeal should ha#e gone to the Court of Appeals since strictl! spea$ing" this Court entertains appeals in cri%inal cases onl! &here the penalt! i%posed is reclusion perpetua or higher +*ec% :A2+d, (rticle 8444, 'onstitution, i%e%, the penalt! is at least reclusion perpetua +or life imprisonment, in special offenses% .he lapse will be overloo3ed so as not to dela! the disposition of the case% 4t is of sli$ht nature, the penalt! of reclusion perpetua havin$ in fact been imposed on the accused, and causes no pre?udice whatsoever to an! part!% .he ?urisprudence that was followed however was not in the decision or the bod! itself% 4t was in the footnotes% *' held that C.he substance of the Footnote ma! not be the ratio decidendi of the case, but it still constitutes an important part of the decision since it enunciates a fundamental procedural rule in the conduct of appeals% .hat this rule is stated in a Footnote to a decision is of no conse9uence as it is merel! a matter of st!le% •
7urthermore the act of carnappin$ was not included in the Penal 'ode but in a special R(, R( /:#;, which had its own prescribed sentence
'(TES *ec% 1#% Quorum of the courtE certification of appeal of cases to *upreme 'ourt% <@ @ @ >henever the 'ourt of (ppeals finds that the penalt! of death, reclusion perpetua, or life imprisonment should be imposed in a case, the court, after discussion of the evidence and the law involved, shall render ?ud$ment imposin$ the penalt! of death, reclusion perpetua, or life imprisonment as the circumstances warrant% &owever, it shall refrain from enterin$ the ?ud$ment and forthwith certif! the case and elevate the entire record thereof to the *upreme 'ourt for review% A#
*ec% 1"% Penalt! for 'arnappin$% < (n! person who is found $uilt! of carnappin$, as this term is defined in *ection .wo of this (ct, shall irrespective of the value of the motor vehicle ta3en, be punished b! imprisonment for not less than fourteen years and eight months and not more than seventeen !ears and four months, when the carnappin$ is committed without violence or intimidation of persons, or force upon thin$sE and b! imprisonment for not less than seventeen !ears and four months and not more than thirt! !ears, when the carnappin$ is committed b! means of violence a$ainst or intimidation of an! person, or force upon thin$sE and the penalt! of reclusion perpetua to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is 3illed or raped in the course of the commission of the carnappin$ or on the occasion thereof +as amended b! R( /:%