G.R. No. 178771; June 8, 2011
People of the Philippines, Appellee, vs. Alberto Anticamara y Cabillo and Fernando Calaguas Fernandez a.k.a. Lando Calaguas, Appellants.

FACTS

Appellants Fernando Calaguas Fernandez (Lando) and Alberto Cabillo Anticamara (Al), along with others, were charged with Murder and Kidnapping/Serious Illegal Detention. The charges stemmed from events in the early morning of May 7, 2002, in Rosales, Pangasinan. According to the prosecution, about six armed persons, including the appellants, entered the house of the Estrellas where househelper AAA and driver Sulpacio Abad were sleeping. The intruders tied up and blindfolded AAA and Abad, then brought them to a fishpond. Abad was led away and later killed by gunshot wounds, as confirmed by an autopsy. AAA was taken by Lando and others to various locations, including Lando’s house in Tarlac and later to Leyte, and was detained for 27 days. During her detention, Lando raped her in a hotel room in Tarlac, and another accused, Fred, also raped her repeatedly. AAA eventually escaped on June 4, 2002, and reported the crimes. In their defense, Lando denied involvement and claimed alibi, while Al admitted acting as a lookout but claimed he was forced and threatened.

ISSUE

Whether the Court of Appeals correctly affirmed the trial court’s judgment finding appellants guilty beyond reasonable doubt of Murder and Kidnapping and Serious Illegal Detention.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with modifications to the penalties and damages. The Court found the appellants guilty beyond reasonable doubt.
For Murder (Criminal Case No. 4498-R), the qualifying circumstance of treachery was present as the attack on the victim was sudden and without warning, ensuring the execution of the crime without risk to the assailants. The Court affirmed the penalty of reclusion perpetua for each appellant, as the death penalty was prohibited by R.A. No. 9346. They were also ordered to pay the heirs of Sulpacio Abad civil indemnity, moral damages, and exemplary damages, all increased to ₱75,000.00 each, plus actual damages of ₱50,000.00.
For Kidnapping and Serious Illegal Detention (Criminal Case No. 4481-R), the Court found the elements of the crime were present: AAA was deprived of her liberty for 27 days against her will. The crime was qualified by the victim being a minor (under 18 years old) at the time, which warrants the penalty of death under Article 267 of the Revised Penal Code, as amended. However, with the prohibition of the death penalty, the penalty was reduced to reclusion perpetua without eligibility for parole. The appellants were also found guilty of the special aggravating circumstance of rape, committed by Lando. They were ordered to pay AAA moral damages of ₱75,000.00 and exemplary damages of ₱30,000.00. All damages awarded shall earn legal interest at 6% per annum from the finality of the judgment.