Even if not alleged, motor vehicle use may be proved as generic aggravating circumstance

The use of motor vehicle may likewise be considered as an aggravating circumstance that attended the commission of the crime. The records show that assailants used a motorcycle in trailing and overtaking the jeepney driven by Saladio after which appellant's back rider mercilessly riddled with his bullets the body of Jeremias. There is no doubt that the motorcycle was used as a means to commit crime and to facilitate their escape after they accomplished their mission. Although use of motor vehicle was not alleged in the Information, it may still be considered as a generic aggravating circumstance once proved, as in this case. In United States v. Campo (23 Phil. 373 [1912]) we held that although the information contains no allegation as to the fact that the commission of the crime charged was marked with one or more of these generic aggravating circumstances, nevertheless, the fact may be proved at the trial, and once proved, must be taken into consideration in imposing the penalty. [G.R. Nos. 112716-17. December 16, 1996]