The Supreme Court, in People v. Villacastin, Jr., clarified the elements necessary to prove cattle rustling under Presidential Decree No. 533. The Court affirmed the conviction of Jose Villacastin, Jr., emphasizing that the key element of “taking” large cattle without the owner’s consent was sufficiently established through eyewitness testimony. This decision underscores that direct evidence of the act of taking, coupled with proof of non-consent from the caretaker, is sufficient for conviction, even without the presentation of a formal certificate of ownership. This ruling provides clarity on the evidentiary standards required in cattle rustling cases, affecting both law enforcement and agricultural communities.

Midnight Heist: Did the Prosecution Successfully Prove the Cattle Rustling?

The case revolves around the night of July 29, 1987, when two carabaos belonging to Joel Barrieses were allegedly stolen from Hacienda Ricky in Sagay, Negros Occidental. Jose Villacastin, Jr., along with Joselito Escarda (whose appeal was later withdrawn), were accused of violating the Anti-Cattle Rustling Law. The prosecution presented Dionesio Himaya, who testified that he saw Villacastin and his group cutting the cyclone wire used as a corral and taking the carabaos. The defense countered with alibis, claiming they were asleep at the time of the incident. The central legal question is whether the prosecution presented enough evidence to prove beyond reasonable doubt that Villacastin committed the crime of cattle rustling.

At the heart of the matter is the definition of cattle rustling itself. According to Section 2 of P.D. No. 533, it is defined as:

the taking away by any means, method or scheme, without the consent of the owner or raiser of cow, carabao, horse, mule, ass, or other domesticated member of the bovine family, whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things.

The Supreme Court focused on whether the element of “taking away of carabaos by any means, method or scheme without the consent of the owner” was adequately proven. The testimony of Dionesio Himaya was crucial. He recounted seeing Villacastin cut the cyclone wire and untie the carabaos, after which Villacastin and Escarda rode away on the animals. The Court emphasized that Himaya’s testimony provided direct evidence of the “taking,” a key element of the crime. Rosalina Plaza, the caretaker, confirmed the carabaos were missing after being informed of the incident, supporting the claim that the animals were indeed taken without consent.

Villacastin argued that his identity was not established beyond a reasonable doubt. However, the Court found Himaya’s identification credible. Himaya testified that he knew Villacastin prior to the incident, as Villacastin was the nephew of his wife and had visited their home before. He also stated that there was enough illumination from the moon and that he was only four arm’s lengths away when he saw Villacastin cut the wire and take the carabaos. This prior familiarity and the conditions of the sighting were deemed sufficient for positive identification.

A key point of contention was the lack of a certificate of ownership for the carabaos. Villacastin argued that the prosecution failed to prove ownership, as required by the Anti-Cattle Rustling Law. The Supreme Court, however, clarified that the gravamen of cattle rustling is the “taking” or “killing” of large cattle without the owner’s consent. The term “owner” includes herdsmen, caretakers, employees, or tenants in lawful possession of the cattle. Rosalina Plaza, as the caretaker, did not consent to the taking, and she promptly informed Joel Barrieses, the owner. Furthermore, the Court noted that the issue of ownership was not raised during the trial and could not be raised for the first time on appeal.

The defense of alibi was also dismissed. Villacastin claimed he was asleep at his house, which was about a fifteen-minute walk from the crime scene. The Court reiterated the established rule that alibi must demonstrate it was physically impossible for the accused to be at the crime scene during the incident. Because Villacastin failed to show this impossibility, his alibi was deemed insufficient. The Court also noted that it was difficult to believe Villacastin’s claim that he slept for eleven hours straight.

The trial court had appreciated the aggravating circumstances of nighttime, unlawful entry, and recidivism. However, the Supreme Court found that these circumstances were not properly specified in the information, as now required by the Code of Criminal Procedure. Moreover, the Court found that the prosecution failed to prove recidivism, as there was no evidence that Villacastin’s prior conviction for cattle rustling had become final. Without proof of finality, recidivism cannot be considered an aggravating circumstance.

The Supreme Court clarified the relationship between P.D. 533 and the Revised Penal Code. It stated that P.D. 533 does not supersede the crime of qualified theft of large cattle under Articles 309 and 310 of the Revised Penal Code. Rather, it modifies the penalties for qualified theft of large cattle by imposing stiffer penalties under special circumstances. In this case, the offense involved force upon things, as the perpetrators cut through the cyclone wire fence.

The Court ultimately affirmed Villacastin’s conviction but modified the penalty. Given that the offense was committed with force upon things, the penalty was set at reclusion temporal in its maximum period to reclusion perpetua. Applying the Indeterminate Sentence Law, the Court imposed an indefinite prison term of ten (10) years and one (1) day of prision mayor as minimum, to fourteen (14) years, ten (10) months and twenty-one (21) days of reclusion temporal as maximum.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution presented sufficient evidence to prove beyond a reasonable doubt that Jose Villacastin, Jr. committed the crime of cattle rustling, specifically focusing on the elements of “taking” and ownership.
What is cattle rustling according to P.D. No. 533?	Cattle rustling is defined as the taking away of large cattle (cow, carabao, horse, etc.) by any means, without the owner’s consent, whether for profit or not, and whether committed with or without violence or force.
Was a certificate of ownership necessary to prove the crime?	No, the Supreme Court clarified that a certificate of ownership is not strictly necessary. Proof of “taking” without the caretaker’s consent is sufficient to establish the crime.
How did the Court address the defense of alibi?	The Court rejected the alibi because Villacastin failed to prove that it was physically impossible for him to be at the crime scene during the incident, as his house was only a short distance away.
What was the role of Dionesio Himaya’s testimony?	Dionesio Himaya’s testimony was crucial as he directly witnessed Villacastin cutting the fence and taking the carabaos, providing key evidence of the “taking” element of the crime.
What aggravating circumstances did the trial court consider?	The trial court initially considered nighttime, unlawful entry, and recidivism as aggravating circumstances, but the Supreme Court later found that these were not properly proven or specified in the charge.
How did the Supreme Court modify the penalty?	The Supreme Court modified the penalty by applying the Indeterminate Sentence Law, imposing a prison term of ten (10) years and one (1) day of prision mayor as minimum, to fourteen (14) years, ten (10) months and twenty-one (21) days of reclusion temporal as maximum.
What is the relationship between P.D. 533 and the Revised Penal Code regarding cattle rustling?	P.D. 533 does not supersede the Revised Penal Code’s provisions on qualified theft of large cattle; it merely modifies the penalties by imposing stiffer punishments under specific circumstances.

In conclusion, People v. Villacastin, Jr., provides a valuable clarification of the elements of cattle rustling under Philippine law, particularly regarding the proof of “taking” and the role of ownership. The decision highlights the importance of eyewitness testimony and the permissibility of proving the crime even without a formal certificate of ownership, provided that non-consent is established. This ruling serves as an important reference for law enforcement and the judiciary in prosecuting and adjudicating cattle rustling cases.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People v. Villacastin, Jr., G.R. No. 120548, October 26, 2001