People of The Philippines vs. Anticamara G.R. No. 178771 June 8, 2011 Peralta, J.

PEOPLE OF THE PHILIPPINES vs.
ANTICAMARA
G.R. No. 178771 June 8, 2011
PERALTA, J.:
FACTS:
This is an appeal from the Decision of the Court of Appeals (CA) affirming the trial court's judgment
finding appellants Fernando Calaguas Fernandez (Lando) and Alberto Cabillo Anticamara (Al) guilty
beyond reasonable doubt of the crimes of Murder and Kidnapping/Serious Illegal Detention.
On or about the 7th day of May 2002, more or less 3:00 o'clock in the early morning, at the Estrella
Compound, Brgy. Carmen East, Municipality of Rosales, Province of Pangasinan, and within the
jurisdiction of this Honorable Court, the above-named accused, who are private persons, conspiring,
confederating and mutually helping one another, armed with firearms, did then and there willfully,
unlawfully and feloniously kidnap Sulpacio Abad and AAA, both employees of the Estrellas, thereby
depriving them of their liberty, all against their will for a period of twenty-seven (27) days. In the
course of the kidnapping, Sulpacio Abad was killed and buried in Brgy. Carmen, Rosales,
Pangasinan and AAA was raped for several times by her abductors.
On May 9, 2002, appellant Lando Calaguas told AAA that Fred and Bert Tañedo would kill her.
Lando then brought AAA to a hotel in Tarlac, telling AAA that he would leave her there as soon as
Fred and Bert Tañedo leave the place. However, once inside the hotel room, appellant Lando
Calaguas sexually molested AAA. Lando told AAA to follow what he wanted, threatening her that he
would turn her over to Fred and Bert Tañedo.
AAA was brought to the residence of Fred's niece, a certain Minda, where Fred kept AAA as his
wife. At nighttime, Fred would repeatedly ravish AAA, threatening her that he would give her back to
appellant Lando Calaguas who, AAA knew, killed Abad Sulpacio. She was afraid Lando might also
kill her.
On May 22, 2002, Fred brought AAA to Kananga, Leyte, together with his wife Marsha and their
children. AAA stayed in the house of Marsha's brother Sito, where she was made as a house helper.
On June 4, 2002, AAA escaped from the house of Sito. She proceeded to Isabel, Leyte and sought
the help of her friend Susana Ilagan. After hearing AAA's plight, Susana called AAA's brother in
Cebu, who later fetched AAA in Isabel, Leyte and brought her to Mandaue City. When they arrived in
Mandaue City, they immediately reported the incident to the police authorities.
ISSUES:
1. Whether or not the RTC gravely erred in imposing the accused-appellant the supreme penalty of
Death for the crime of Murder and Kidnapping/Serious Illegal Detention aggravated by Rape.
2. Whether or not the RTC erred in holding that Conspiracy existed between and among the alleged
perpetrators of the crime.
3. Whether or not the qualifying aggravating circumstance of treachery was present in the
commission of the crime.
HELD:
1. DENIED. Although no one directly saw the actual killing of Sulpacio, the prosecution was able to
paint a clear picture that the appellants took Sulpacio away from the house of the Estrellas, tied and
blindfolded him, and brought him to another place where he was repeatedly shot and buried. The
penalty for the special complex crime of kidnapping and serious illegal detention with rape is death.
In view of R.A. No. 9346, the penalty of death is reduced to reclusion perpetua, without eligibility for
parole. Accordingly, the imposable penalty for appellant Lando is reclusion perpetua.
2. Prior to the commission of the crime, the group met at the landing field in Carmen, Pangasinan
and discussed their plan to rob the house of the Estrellas with the agreement that whoever comes
their way will be eliminated.15 Appellant Al served as a lookout by posting himself across the house
of the Estrellas with the task of reporting any movements outside. Fred then climbed the old
unserviceable gate of the Estrella compound and then opened the small door and the rest of the
group entered the house of the Estrellas through that opening. 16 After almost an hour inside the
house, they left on board a vehicle with AAA and Sulpacio. AAA and Sulpacio were brought to Sitio
Rosalia, Brgy. San Bartolome, Rosales, Pangasinan. In that place, Sulpacio was killed and AAA was
brought to another place and deprived of her liberty. These circumstances establish a community of
criminal design between the malefactors in committing the crime. Clearly, the group conspired to rob
the house of the Estrellas and kill any person who comes their way. The killing of Sulpacio was part
of their conspiracy.
3. It was proven that when AAA boarded the vehicle, she saw Sulpacio tied and blindfolded. Later,
when they reached the fishpond, Sulpacio, still tied and blindfolded, was led out of the vehicle by the
group. When the remains of Sulpacio was thereafter found by the authorities, the autopsy report
indicated that a piece of cloth was found wrapped around the eye sockets and tied at the back of the
skull and another cloth was also found tied at the left wrist of the victim. There is no question
therefore, that the victim's body, when found, still had his hands tied and blindfolded. This situation
of the victim when found shows without doubt that he was killed while tied and blindfolded; hence,
the qualifying aggravating circumstance of treachery was present in the commission of the crime.
The aggravating circumstance of superior strength cannot be separately appreciated because it is

absorbed by treachery.
The penalty for the special complex crime of kidnapping and serious illegal detention with rape is
death. In view of R.A. No. 9346, the penalty of death is reduced to reclusion perpetua, 58 without
eligibility for parole.59 Accordingly, the imposable penalty for appellant Lando is reclusion perpetua.

People of The Philippines vs. Anticamara G.R. No. 178771 June 8, 2011 Peralta, J.

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G.R. No. 178771 June 8, 2011

The aggravating circumstance of superior strength cannot be separately appreciated because it is

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