SECOND DIVISION

[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.

DECISION

PERALTA, J : p

This is an appeal from the Decision 1 of the Court of Appeals (CA) in

CA-G.R. CR-H.C. No. 00556, affirming the trial court's judgment finding
appellants Fernando Calaguas Fernandez (Lando) and Alberto Cabillo
Anticamara (Al) guilty beyond reasonable doubt of the crime of Murder in
Criminal Case No. 4498-R and of the crime of Kidnapping and Serious Illegal
Detention in Criminal Case No. 4481-R. ECAaTS

Lando, Al, Dick Tañedo (Dick), Roberto Tañedo (Bet), Marvin Lim
(Marvin), Necitas Ordeñiza-Tañedo (Cita), and Fred Doe are charged with the
crimes of Murder and of Kidnapping/Serious Illegal Detention in two separate
Informations, which read:
For Murder (Criminal Case No. 4498-R)
That on or about the early morning of May 7, 2002, in Sitio
Rosalia, Brgy. San Bartolome, Municipality of Rosales, Province of
Pangasinan, and within the jurisdiction of this Honorable Court, the
above-named accused, being then armed with a hand gun, conspiring,
confederating and mutually helping one another, with intent to kill,
with treachery, evident premeditation and superior strength, did then
and there, willfully, unlawfully and feloniously take Sulpacio Abad,
driver of the Estrellas, hog tied (sic) him, brought (sic) to a secluded
place, shoot and bury in a shallow grave, to the damage and prejudice
of the heirs of the victim.
Contrary to Article 248, Revised Penal Code.

For Kidnapping/Serious Illegal Detention (Criminal Case No. 4481-R)

That 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, 2 both employees of the
Estrellas, thereby depriving them of their liberty, all against their will
for a period of twenty-seven (27) days.

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 That 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.

Contrary to Article 267 of the Revised Penal Code, in relation to

RA 7659.

When arraigned of the aforementioned crimes, Lando, Al and Cita all

pleaded not guilty, while Dick, Bet, Marvin and Fred Doe remained at-large.
Thereafter, a joint trial ensued.
As summarized in the People's brief, the facts as established by the
evidence of the prosecution are as follows: SIcEHC

About 3 o'clock in the early morning of May 7, 2002, househelper

AAA and driver Abad Sulpacio were sleeping in their employers' house
located in Barangay Carmen East, Rosales, Pangasinan. Their
employers, Conrado Estrella and his wife, were out of the house at that
time (TSN, December 4, 2002, pp. 4-7). Momentarily, AAA was jolted
from sleep when she heard voices saying, "We will kill her, kill her now"
and another voice saying, "Not yet!" Hiding under her blanket, AAA
later heard someone saying, "We only need money, we only need
money." Thereafter, she heard someone talking in Ilocano which she
could not understand. Then she heard somebody say, "Cebuana yan,
Cebuana yan, kararating lang galing Cebu." AAA heard the persons
conversing which she estimated about four to five meters away (TSN,
ibid., pp. 11-12).
Thereafter, AAA observed about six (6) persons enter the house,
who she later identified as accused Dick Tañedo, Marvin Lim, Bert
Tañedo, a certain Fred and appellants Alberto Anticamara alias "Al
Camara," and Fernando Fernandez alias "Lando Calaguas." One of the
intruders approached her and told her not to move (TSN, ibid., p. 8).

Later, when AAA thought that the intruders were already gone,
she attempted to run but to her surprise, someone wearing a bonnet
was watching her. Someone, whom she later recognized as Dick
Tañedo, tapped her shoulder. AAA asked Tañedo, "Why Kuya?" Tañedo
replied, "Somebody will die." After a brief commotion, appellant alias
"Lando Calaguas" asked the group saying, "What shall we do now?"
They then decided to tie AAA. Later, AAA was untied and led her
outside the house. Outside, AAA saw Abad, who was also tied and
blindfolded, seated inside a vehicle (TSN, April 26, 2004, pp. 6-10).

The group later brought AAA and Abad to the fishpond owned by
their employers. AAA saw Cita Tañedo there. The group brought Abad
outside the vehicle and led him away (TSN, December 2, 2002, pp. 13-
18; TSN, February 17, 2003, pp. 5-8).

Later, alias "Fred" returned telling the group, "Make the decision
now, Abad has already four bullets in his body, and the one left is for
this girl." When Cita Tañedo made a motion of cutting her neck,
appellant alias "Lando Calaguas" and "Fred" boarded the vehicle taking
along with them AAA. They later proceeded towards San Miguel Tarlac,
where Lando Calaguas resided. They stayed in Lando's house where
they kept AAA from May 7 to May 9, 2002 (TSN, December 4, 2002, pp.
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 18-22; TSN, February 17, 2003, pp. 7-9).

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. After Lando raped AAA, he brought her back to
his house. Later, Fred, Bert Tañedo and Lando Calaguas transferred
AAA to Riles, Tarlac (TSN, ibid., pp. 9-13). SacTAC

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 (TSN, ibid., pp. 14-16).

On May 22, 2002, Fred brought AAA to Carnaga (should be

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 (TSN, ibid., p. 17).
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. On June 23, 2002, AAA executed
a Sworn Statement (Exh. "D," TSN, ibid., pp. 18-20).

Meanwhile, Dr. Ronald Bandonil, Medico-Legal Officer of the

National Bureau of Investigation (NBI), conducted an autopsy on the
cadaver of Sulpacio Abad. Dr. Bandonil prepared Autopsy Report No. N-
T2-23-P (Exh. "A") which contains the following findings, to wit:

• Remains placed in a sealed metal coffin, wrapped in

two (2) layers of black, plastic garbage bags, and covered in (sic)
a red-stripped cotton blanker. A thick layer of lime embeds the
whole torso.
• Remains in a far advanced state of decomposition,
with the head completely devoid of soft tissue. A cloth is
wrapped around the eyesockets and tied to the back of the skull.
The skull does not show any signs of dents, chips nor fractures.
The other recognizable body part is the chest area which
retained a few soft tissues and skin, but generally far advanced
in decomposition. The whole gamut of internal organs have
undergone liquefaction necrosis and have been turned into
grayish-black pultaceous masses. Worn on top of the remaining
chest is a sando shirt with observable holes at the left side, both
front and back. A large hole is seen at the area of the left nipple,
with traces of burning at its edges and inward in direction. A tied
cloth is also observable at the remnants of the left wrist.cCTAIE

• At the upper chest, which is the most recognizable,

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 remaining and intact part of the torso, a hole, 1.0 cm. x 2.0 cms.,
with signs of burning, edges inverted, is seen at the left anterior
axillary line just below the left nipple. Another hole is seen 1.5
cms. x 2.5 cms. in diameter, edged averted (sic) at the right
chest, along the right anterior axillary line, 5.0 cms. below the
right nipple. A 3rd hole, almost unrecognizable is seen at the left
groin area.
• The other parts of the cadaver are too far advanced
in decomposition to have remarkable findings.

CAUSE OF DEATH:
GUNSHOT WOUNDS, TRUNK 3

In his defense, Lando denied having committed the crimes charged and
interposed alibi as a defense. He claims that at the time of the incident on
May 7, 2002, he was in Barangay Maligaya, San Miguel, Tarlac, with his
family. He denied ever going to the Estrella farm in Sitio Rosalia, Barangay
San Bartolome, Rosales, Pangasinan.
Al claimed that he acted as a lookout and was tasked to report to his
companions if any person or vehicle would approach the house of the
Estrellas. He said that he was forced to follow what was ordered of him and
did not report the matter to the police because he was threatened to be
killed, including the members of his family who were in Cebu.
On August 23, 2004, the Regional Trial Court (RTC) of Rosales,
Pangasinan, Branch 53, rendered its Decision, 4 the dispositive portion of
which states:
WHEREFORE, judgment is hereby rendered as follows:
I. In Criminal Case No. 4498-R for Murder:

A. Accused Nicetas "Cita" Tañedo is hereby acquitted of the

crime charged for insufficiency of evidence;
B. Accused Fernando Calaguas Fernandez (alyas Lando
Calaguas) and Alberto Anticamara (alyas Al Camara) are hereby found
guilty beyond reasonable doubt, as principal, of the crime of Murder
qualified by treachery, defined and penalized under Article 248 of the
Revised Penal Code. Considering the presence of aggravating
circumstance of pre-meditation, with no mitigating circumstance to
offset the same, the penalty of DEATH is hereby imposed upon the two
(2) accused Fernando Calaguas Fernandez (Lando Calaguas) and
Alberto Anticamara (Al Camara). They are also ordered jointly and
severally [to] pay the heirs of the victim Abad Sulpacio the following:

1) Fifty Thousand Pesos (P50,000.00) as moral

damages;

2) Seventy-Five Thousand Pesos (P75,000.00) as

indemnity for the death of the victim;

3) Fifty-Seven Thousand One Hundred Twenty-Two

Pesos and Thirty Centavos (P57,122.30) as actual damages; and
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 4) The cost of suit. EAIaHD

II. Criminal Case No. 4481-R for Kidnapping/Serious Illegal

Detention:

A) Accused Nicetas "Cita" Tañedo is hereby acquitted of the

crime charged for insufficiency of evidence;

B) Accused Fernando Calaguas Fernandez (alyas Lando

Calaguas) and Alberto Anticamara (alyas Al Camara) are hereby found
guilty beyond reasonable doubt, as principal, of the crime of
Kidnapping/Serious Illegal Detention of the victim AAA as charged,
defined and penalized under Article 267 of the Revised Penal Code, as
amended by R.A. 7659. Considering that the victim AAA was raped
during her detention, the maximum penalty of DEATH is hereby
imposed upon the two accused, Fernando Calaguas Fernandez (Lando
Calaguas) and Alberto Anticamara (Al Camara). The two accused are
also ordered to pay, jointly and severally, the victim AAA the amount
of:

1) One Hundred Thousand Pesos (P100,000.00) as

moral damages;
2) Fifty Thousand Pesos (P50,000.00) as exemplary
damages; and
3) Cost of suit.

As to the rest of the accused who are still at-large, let this case
be set to the archives until they are apprehended.

SO ORDERED. 5

In light of the Court's ruling in People v. Mateo , 6 the records of the

cases were forwarded by the RTC to the CA for its review. The CA rendered a
Decision dated December 15, 2006, affirming the decision of the RTC in
Criminal Case Nos. 4498-R and 4481-R. However, in view of the abolition of
the death penalty pursuant to Republic Act (R.A.) No. 9346, which was
approved on June 24, 2006, the appellants were sentenced to reclusion
perpetua.
On January 9, 2007, Lando, through the Public Attorney's Office (PAO),
appealed the Decision of the CA to this Court. Lando had assigned the
following errors in his appeal initially passed upon by the CA, to wit:
I
THE TRIAL COURT GRAVELY ERRED IN HOLDING THAT CONSPIRACY
EXISTED BETWEEN AND AMONG THE ALLEGED PERPETRATORS OF THE
CRIME.
II

ASSUMING THAT THE ACCUSED-APPELLANT IS GUILTY, THE LOWER

COURT GRAVELY ERRED IN CONVICTING HIM OF THE CRIME OF
MURDER INSTEAD OF HOMICIDE.

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 III

THE TRIAL COURT GRAVELY ERRED IN IMPOSING UPON THE ACCUSED-

APPELLANT THE SUPREME PENALTY OF DEATH FOR THE CRIME OF
KIDNAPPING/SERIOUS ILLEGAL DETENTION, AGGRAVATED BY RAPE, IN
SPITE OF THE FACT THAT THE CRIME OF RAPE WAS NOT DULY PROVEN
BEYOND REASONABLE DOUBT. IESDCH

IV
THE TRIAL COURT GRAVELY ERRED IN GIVING SCANT CONSIDERATION
TO THE EVIDENCE PRESENTED BY THE ACCUSED-APPELLANT WHICH IS
MORE CREDIBLE THAN THAT OF THE PROSECUTION.
V
THE TRIAL COURT GRAVELY ERRED IN RENDERING A VERDICT OF
CONVICTION DESPITE THE FACT THAT THE GUILT OF THE ACCUSED-
APPELLANT WAS NOT PROVEN BEYOND REASONABLE DOUBT. 7

On January 9, 2007, Al, through the PAO, appealed the Decision of the CA
to this Court. Al had assigned the following errors, to wit:
I
THE TRIAL COURT ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY
OF THE CRIME OF KIDNAPPING/SERIOUS ILLEGAL DETENTION IN SPITE
OF THE FAILURE OF THE PROSECUTION TO PROVE BEYOND
REASONABLE DOUBT THAT HE CONSPIRED WITH HIS CO-ACCUSED TO
COMMIT THE CRIME CHARGED.
II
THE TRIAL COURT GRAVELY ERRED IN IMPOSING UPON THE ACCUSED
THE SUPREME PENALTY OF DEATH FOR THE SPECIAL COMPLEX CRIME
OF KIDNAPPING/SERIOUS ILLEGAL DETENTION WITH RAPE, IN SPITE OF
THE FACT THAT HE HAD NO PARTICIPATION IN THE COMMISSION OF
[TWO] SEXUAL ABUSES AGAINST THE VICTIM.
III

THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-

APPELLANT GUILTY OF THE CRIME OF MURDER IN SPITE OF THE
FAILURE OF THE PROSECUTION TO PROVE BEYOND REASONABLE
DOUBT THAT HE CONSPIRED WITH HIS CO-ACCUSED TO COMMIT THE
SAME. 8

In capsule, the main issue is whether the appellants are guilty of the
crimes charged.
In Criminal Case No. 4498-R for Murder:
Circumstantial Evidence
The trial court found that although there was no direct eyewitness in
the killing of Sulpacio in the early morning of May 7, 2002 at Sitio Rosalia,
Barangay San Bartolome, Rosales, Pangasinan, the prosecution adduced
sufficient circumstantial evidence to establish with moral certainty the
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 identities and guilt of the perpetrators of the crime.
Circumstantial evidence consists of proof of collateral facts and
circumstances from which the existence of the main fact may be inferred
according to reason and common experience. 9 Circumstantial evidence is
sufficient to sustain conviction if: (a) there is more than one circumstance;
(b) the facts from which the inferences are derived are proven; (c) the
combination of all circumstances is such as to produce a conviction beyond
reasonable doubt. 10 A judgment of conviction based on circumstantial
evidence can be sustained when the circumstances proved form an
unbroken chain that results in a fair and reasonable conclusion pointing to
the accused, to the exclusion of all others, as the perpetrator. 11 STHAaD

In this case, the circumstantial evidence presented by the prosecution,

when analyzed and taken together, lead to the inescapable conclusion that
the appellants are responsible for the death of Sulpacio. The Court quotes
with approval the lower court's enumeration of those circumstantial
evidence:
The testimony of AAA had clearly established the following facts:
1. At about 3:00 in the early morning of May 7, 2002, while
she and the victim Abad Sulpacio were sleeping inside the house of the
Estrella family in Barangay Carmen, Rosales, Pangasinan several
persons entered to rob the place;
2. Inside the house, she saw and recognized the accused
Lando Calaguas and Dick Tañedo, and heard the latter uttering
"somebody will die";
3. Bringing her outside the house, Lando pushed her into the
Revo where she saw inside Abad Sulpacio who was blindfolded and
with his hands tied;
4. Inside the Revo, she recognized the accused Dick Tañedo,
Lando Calaguas, Marvin Lim, Roberto Tañedo, Alberto Anticamara and
Fred;
5. The Revo then proceeded towards the fishpond owned by
the Estrellas in Sitio Rosalia, Brgy. San Bartolome, Rosales,
Pangasinan;
6. The last time that she saw Abad Sulpacio was when he was
dragged out from the vehicle by Lando, Fred, Marvin and Al upon
reaching Sitio Rosalia. At that time Dick Tañedo stayed with her in the
vehicle;
7. Thereafter, when Fred returned to the vehicle, she heard
him uttered (sic): "Make a decision now. Abad has already four (4)
bullets in his body, and the one left is for this girl." 12

In addition to these circumstances, the trial court further found that

AAA heard Fred utter "Usapan natin pare, kung sino ang masagasaan,
sagasaan." (Our agreement is that whoever comes our way should be
eliminated). Moreover, NBI Agent Gerald V. Geralde testified that on June 23,
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 2002, appellant Al admitted his participation as lookout and naming his
companions Dick, Lando, Fred, Marvin and Bet as the ones who took AAA
and Sulpacio from the house of the Estrellas and brought them to the
fishpond. Al also pointed and led the authorities to a shallow grave in Sitio
Rosalia, Barangay San Bartolome, Rosales, Pangasinan, where the remains
of Sulpacio were buried. The autopsy conducted on the body, prepared by
the Medico Legal Officer Dr. Bandonil, shows that several holes were found
on various parts of the body of the victim and Dr. Bandonil concluded that
the cause of the victim's death was the gunshot wounds. The report also
indicates 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
remnants of the left wrist.
In the case at bar, 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.
Conspiracy
Under Article 8 of the Revised Penal Code, there is conspiracy when
two or more persons come to an agreement concerning a felony and decide
to commit it. It may be inferred from the acts of the accused before, during
or after the commission of the crime which, when taken together, would be
enough to reveal a community of criminal design, as the proof of conspiracy
is frequently made by evidence of a chain of circumstances. 13 To be a
conspirator, one need not participate in every detail of the execution; he
need not even take part in every act or need not even know the exact part to
be performed by the others in the execution of the conspiracy. Each
conspirator may be assigned separate and different tasks which may appear
unrelated to one another but, in fact, constitute a whole collective effort to
achieve their common criminal objective. Once conspiracy is shown, the act
of one is the act of all the conspirators. The precise extent or modality of
participation of each of them becomes secondary, since all the conspirators
are principals. 14 cEDIAa

In the present case, 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
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 any person who comes their way. The killing of Sulpacio was part of their
conspiracy. Further, Dick's act of arming himself with a gun constitutes
direct evidence of a deliberate plan to kill should the need arise.
Appellant Al attempts to evade criminal liability by alleging that he was
only forced to participate in the commission of the crime because he and his
family were threatened to be killed. Al's defense fails to impress us. Under
Article 12 17 of the Revised Penal Code, a person is exempt from criminal
liability if he acts under the compulsion of an irresistible force, or under the
impulse of an uncontrollable fear of equal or greater injury, because such
person does not act with freedom. 18 To avail of this exempting
circumstance, the evidence must establish: (1) the existence of an
uncontrollable fear; (2) that the fear must be real and imminent; and (3) the
fear of an injury is greater than, or at least equal to, that committed. 19 For
such defense to prosper, the duress, force, fear or intimidation must be
present, imminent and impending, and of such nature as to induce a well-
grounded apprehension of death or serious bodily harm if the act be done. A
threat of future injury is not enough. 20
There is nothing in the records to substantiate appellant Al's insistence
that he was under duress from his co-accused while participating in the
crime that would suffice to exempt him from incurring criminal liability. The
evidence shows that Al was tasked to act as a lookout and directed to
station himself across the house of the Estrellas. Al was there from 7:30 p.m.
to 1:00 a.m. 21 of the following day, while the rest of the group was waiting
in the landing field. Thus, while all alone, Al had every opportunity to escape
since he was no longer subjected to a real, imminent or reasonable fear.
However, he opted to stay across the house of the Estrellas for almost six (6)
hours, 22 and thereafter returned to the landing field where the group was
waiting for his report. Subsequently, the group proceeded to the Estrellas'
house. When the group entered the house, Al stayed for almost one (1) hour
outside to wait for his companions. Later, when the group left the house
aboard a vehicle, Al rode with them in going to Sitio Rosalia, Brgy. San
Bartolome, Rosales, Pangasinan, bringing with them Sulpacio and AAA. 23
Clearly, appellant Al had ample opportunity to escape if he wished to, but he
never did. Neither did he request for assistance from the authorities or any
person passing by the house of the Estrellas during the period he was
stationed there. Clearly, Al did not make any effort to perform an overt act
to dissociate or detach himself from the conspiracy to commit the felony and
prevent the commission thereof that would exempt himself from criminal
liability. 24 Therefore, it is obvious that he willingly agreed to be a part of the
conspiracy.
Alibi and Denial
Appellant Lando denied having committed the crime charged and
interposed alibi as a defense. He claims that at the time of the incident he
was in his house at Tarlac, together with his family. On the other hand, the
appellants were positively identified by AAA, as two (2) of the six (6)
malefactors who forcibly took her and Sulpacio from the Estrella house in the
early morning of May 7, 2002. Both the trial court and the CA found the
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 testimony of AAA credible. The Court gives great weight to the trial court's
evaluation of the testimony of a witness because it had the opportunity to
observe the facial expression, gesture, and tone of voice of a witness while
testifying; thus, making it in a better position to determine whether a
witness is lying or telling the truth. 25
AaEcDS

Between the categorical statements of the prosecution witness, on one

hand, and the bare denial of the appellant, on the other, the former must
perforce prevail. An affirmative testimony is far stronger than a negative
testimony especially when it comes from the mouth of a credible witness.
Alibi and denial, if not substantiated by clear and convincing evidence, are
negative and self-serving evidence undeserving of weight in law. They are
considered with suspicion and always received with caution, not only
because they are inherently weak and unreliable but also because they are
easily fabricated and concocted. 26 Denial cannot prevail over the positive
testimony of prosecution witnesses who were not shown to have any ill-
motive to testify against the appellants. 27
As to the defense of alibi. Aside from the testimony of appellant Lando
that he was in Tarlac at the time of the incident, the defense was unable to
show that it was physically impossible for Lando to be at the scene of the
crime. Basic is the rule that for alibi to prosper, the accused must prove that
he was somewhere else when the crime was committed and that it was
physically impossible for him to have been at the scene of the crime.
Physical impossibility refers to the distance between the place where the
appellant was when the crime transpired and the place where it was
committed, as well as the facility of access between the two places. 28
Where there is the least chance for the accused to be present at the crime
scene, the defense of alibi must fail. 29 During the trial of the case, Lando
testified that the distance between his house in Brgy. Maligaya, San Miguel,
Tarlac to the town of Rosales, Pangasinan is only around forty (40)
kilometers. Such distance can be traversed in less than 30 minutes using a
private car and when the travel is continuous. 30 Thus, it was not physically
impossible for the appellant Lando to be at the locus criminis at the time of
the incident. In addition, positive identification destroys the defense of alibi
and renders it impotent, especially where such identification is credible and
categorical. 31
Qualifying and Aggravating Circumstances
In convicting the appellants, the courts a quo appreciated treachery in
qualifying the killing to murder and evident premeditation in imposing the
penalty of death. There is treachery when the offender commits any of the
crimes against persons, employing means, methods or forms in the
execution thereof which tend directly and specially to ensure its execution
without risk to himself arising from the defense that the offended party
might make. 32 Two conditions must concur for treachery to exist, namely,
(a) the employment of means of execution gave the person attacked no
opportunity to defend himself or to retaliate; and (b) the means or method of
execution was deliberately and consciously adopted. 33

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 In the case at bar, 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. In People v.
Osianas, 34 the Court held that:
. . . In the case at bar, the means used by the accused-appellants
to insure the execution of the killing of the victims, so as to afford the
victims no opportunity to defend themselves, was the act of tying the
hands of the victims. Teresita saw the accused-appellants hog-tie the
victims and take them away with them. Later that night, Dionisio
Palmero saw the victims, still hog-tied, walking with the accused-
appellants. The following day, the victims were found dead, still hog-
tied. Thus, no matter how the stab and hack wounds had been inflicted
on the victims in the case at bar, we are sure beyond a reasonable
doubt that Jose, Ronilo and Reymundo Cuizon had no opportunity to
defend themselves because the accused-appellants had earlier tied
their hands. The fact that there were twelve persons who took and
killed the Cuizons further assured the attainment of accused-
appellants' plans without risk to themselves. 35

The aggravating circumstance of superior strength cannot be

separately appreciated because it is absorbed by treachery. 36 HCEaDI

The circumstance of evident premeditation requires proof showing: (1)

the time when the accused determined to commit the crime; (2) an act
manifestly indicating that the accused has clung to his determination; and
(3) sufficient lapse of time between such determination and execution to
allow him to reflect upon the consequences of his act. 37 The essence of
premeditation is that the execution of the act was preceded by cool thought
and reflection upon the resolution to carry out the criminal intent during a
space of time sufficient to arrive at a calm judgment. 38 From the time the
group met at the landing field at around 6:30 p.m. of May 6, 2002, and
discussed the possibility of killing anyone who stands on their way, up to the
time they took Sulpacio away from the Estrellas' house and eventually killed
him thereafter at around past 3:00 a.m., more than eight hours had elapsed
— sufficient for the appellants to reflect on the consequences of their actions
and desist from carrying out their evil scheme, if they wished to. Instead,
appellants evidently clung to their determination and went ahead with their
nefarious plan.
In Criminal Case No. 4481-R for Kidnapping and Serious Illegal
Detention.
The Court finds appellant Lando guilty of the special complex crime of
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 kidnapping and serious illegal detention with rape, defined in and penalized
under Article 267 of the Revised Penal Code. The elements of kidnapping
and serious illegal detention under Article 267 of the Revised Penal Code 39
are: (1) the offender is a private individual; (2) he kidnaps or detains another
or in any other manner deprives the latter of his liberty; (3) the act of
detention or kidnapping must be illegal; and (4) in the commission of the
offense, any of the following circumstances is present: (a) the kidnapping or
detention lasts for more than 3 days; or (b) it is committed by simulating
public authority; or (c) any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are made; or (d) the
person kidnapped or detained is a minor, female, or a public officer. 40
The crime of kidnapping was proven beyond reasonable doubt by the
prosecution. Appellants Lando and Al, both private individuals, forcibly took
AAA, a female, away from the house of the Estrellas and held her captive
against her will. Thereafter, appellant Lando brought AAA to his house in San
Miguel Tarlac, whereby she was deprived of her liberty for almost one
month. It is settled that the crime of serious illegal detention consists not
only of placing a person in an enclosure, but also in detaining him or
depriving him in any manner of his liberty. 41 For there to be kidnapping, it is
enough that the victim is restrained from going home. 42 Its essence is the
actual deprivation of the victim's liberty, coupled with indubitable proof of
the intent of the accused to effect such deprivation. 43 Although AAA was not
confined in an enclosure, she was restrained and deprived of her liberty,
because every time appellant Lando and his wife went out of the house, they
brought AAA with them. The foregoing only shows that AAA was constantly
guarded by appellant Lando and his family.
The crime of rape was also established by the prosecution. Appellant
Lando succeeded in having carnal knowledge of AAA through the use of
threat and intimidation. AAA testified that on May 9, 2002, appellant Lando
brought her to a hotel to hide her from Fred and Bert, who intended to kill
her. Appellant Lando told her to follow his orders, otherwise, he will give her
to Fred and Bert. While in the hotel, appellant Lando raped her. 44 Clearly,
for fear of being delivered to Fred and Bert and of losing her life, AAA had no
choice but to give in to appellant Lando's lustful assault. In rape cases, the
credibility of the victim's testimony is almost always the single most
important factor. When the victim's testimony is credible, it may be the sole
basis for the accused's conviction. 45 This is so because owing to the nature
of the offense, in many cases, the only evidence that can be given regarding
the matter is the testimony of the offended party. 46 ETIHCa

The last paragraph of Article 267 of the Revised Penal Code provides
that if the victim is killed or dies as a consequence of the detention, or is
raped or subjected to torture or dehumanizing acts, the maximum penalty
shall be imposed. In People v. Larrañaga , 47 this provision gives rise to a
special complex crime. Thus, We hold that appellant Lando is guilty beyond
reasonable doubt of the special complex crime of kidnapping and serious
illegal detention with rape in Criminal Case No. 4481-R.
However, the Court does not agree with the CA and trial court's
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 judgment finding appellant Al liable for Rape in Criminal Case No. 4481-R. In
People v. Suyu, 48 We ruled that once conspiracy is established between
several accused in the commission of the crime of robbery, they would all be
equally culpable for the rape committed by anyone of them on the occasion
of the robbery, unless anyone of them proves that he endeavored to prevent
the others from committing rape. 49 Also, in People v. Canturia , 50 the Court
held that:
. . . For while the evidence does convincingly show a conspiracy
among the accused, it also as convincingly suggests that the
agreement was to commit robbery only; and there is no evidence that
the other members of the band of robbers were aware of Canturia's
lustful intent and his consummation thereof so that they could have
attempted to prevent the same. . . .

The foregoing principle is applicable in the present case because the

crime of robbery with rape is a special complex crime defined in and
penalized under Article 294, paragraph 1 of the Revised Penal Code, and the
crime of kidnapping with rape in this case is likewise a special complex crime
as held in the case of People v. Larrañaga . 51 There is no evidence to prove
that appellant Al was aware of the subsequent events that transpired after
the killing of Sulpacio and the kidnapping of AAA. Appellant Al could not have
prevented appellant Lando from raping AAA, because at the time of rape, he
was no longer associated with appellant Lando. AAA even testified that only
Fred and appellant Lando brought her to Tarlac, 52 and she never saw
appellant Al again after May 7, 2002, the day she was held captive. She only
saw appellant Al once more during the trial of the case. 53 Thus, appellant Al
cannot be held liable for the subsequent rape of AAA.
The Penalties
In Criminal Case No. 4498-R, the attendant circumstance of treachery
qualified the killing to murder. The penalty for murder under Article 248 of
the Revised Penal Code is reclusion perpetua to death. Since the aggravating
circumstance of evident premeditation was alleged and proven, the
imposable penalty upon the appellants is death, pursuant to Article 63,
paragraph 1, of the Revised Penal Code. 54 In view, however, of the passage
of R.A. No. 9346, 55 prohibiting the imposition of the death penalty, the
penalty of death is reduced to reclusion perpetua, 56 without eligibility for
parole. 57
In Criminal Case No. 4481-R, 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.
As to appellant Al, the prescribed penalty for serious illegal detention
under Article 267 of the Revised Penal Code is reclusion perpetua to death.
There being no aggravating or mitigating circumstance in the commission of
the offense, the proper penalty to be imposed is reclusion perpetua,
pursuant to Article 63 60 of the Revised Penal Code. ATDHSC

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 The Damages
In Criminal Case No. 4498-R, the award of civil indemnity is mandatory
and granted to the heirs of the victim without need of proof other than the
commission of the crime. 61 In People v. Quiachon , 62 even if the penalty of
death is not to be imposed because of the prohibition in R.A. 9346, the civil
indemnity of P75,000.00 is proper, because it is not dependent on the actual
imposition of the death penalty but on the fact that qualifying circumstances
warranting the imposition of the death penalty attended the commission of
the offense. As explained in People v. Salome, 63 while R.A. No. 9346
prohibits the imposition of the death penalty, the fact remains that the
penalty provided for by law for a heinous offense is still death, and the
offense is still heinous. Accordingly, the award of civil indemnity in the
amount of P75,000.00 is proper.
Anent moral damages, the same are mandatory in cases of murder,
without need of allegation and proof other than the death of the victim. 64
However, consistent with recent jurisprudence on heinous crimes where the
imposable penalty is death but reduced to reclusion perpetua pursuant to
R.A. No. 9346, the award of moral damages should be increased from
P50,000.00 to P75,000.00. 65
The award of exemplary damages is in order, because of the presence
of the aggravating circumstances of treachery and evident premeditation in
the commission of the crime. 66 The Court awards the amount of
P30,000.00, as exemplary damages, in line with current jurisprudence on the
matter. 67
Actual damages is also warranted. Modesta Abad, the spouse of victim
Sulpacio, incurred expenses in the amount of P57,122.30, which was duly
supported by receipts. 68
In Criminal Case No. 4481-R, AAA is entitled to civil indemnity in line
with prevailing jurisprudence that civil indemnification is mandatory upon
the finding of rape. 69 Applying prevailing jurisprudence, AAA is entitled to
P75,000.00 as civil indemnity. 70
In addition, AAA is entitled to moral damages pursuant to Article 2219
of the Civil Code, 71 without the necessity of additional pleadings or proof
other than the fact of rape. 72 Moral damages is granted in recognition of the
victim's injury necessarily resulting from the odious crime of rape. 73 Such
award is separate and distinct from the civil indemnity. 74 However, the
amount of P100,000.00 awarded as moral damages is reduced to
P75,000.00, in line with current jurisprudence. 75
The award of exemplary damages to AAA in the amount of P50,000 is
hereby reduced to P30,000.00 in accordance with recent jurisprudence. 76
As to appellant Al. In the absence of conspiracy, the liability of the
accused is individual and not collective. 77 Since appellant Al is liable only for
the crime of serious illegal detention, he is jointly and severally liable only to
pay the amount of P50,000.00 as civil indemnity. For serious illegal
detention, the award of civil indemnity is in the amount of P50,000.00, in
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 line with prevailing jurisprudence. 78 caCSDT

Along that line, appellant Al's liability for moral damages is limited only
to the amount of P50,000.00. 79 Pursuant to Article 2219 of the Civil Code,
moral damages may be recovered in cases of illegal detention. This is
predicated on AAA's having suffered serious anxiety and fright when she was
detained for almost one (1) month. 80
WHEREFORE, the Decision of the Court of Appeals in CA-G.R. CR-H.C.
No. 00556 is AFFIRMED with MODIFICATIONS as follows:
(a) In Criminal Case No. 4498-R, appellants Fernando Calaguas
Fernandez alias "Lando" and Alberto Cabillo Anticamara alias "Al" are found
GUILTY beyond reasonable doubt of the crime of Murder and are sentenced
to suffer the penalty of Reclusion Perpetua , without eligibility of parole, and
to pay, jointly and severally, the heirs of Sulpacio Abad the amounts of
P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as
exemplary damages, and P57,122.30 as actual damages.
(b) In Criminal Case No. 4481-R, appellant Fernando Calaguas
Fernandez alias "Lando" is found GUILTY beyond reasonable doubt of the
special complex crime of kidnapping and serious illegal detention with rape
and is sentenced to suffer the penalty of Reclusion Perpetua , without
eligibility of parole, and to pay the offended party AAA, the amounts of
P75,000.00 as civil indemnity, P75,000.00 as moral damages and
P30,000.00 as exemplary damages. Appellant Alberto Cabillo Anticamara
alias "Al" is found GUILTY beyond reasonable doubt of the crime of
kidnapping and serious illegal detention and is sentenced to suffer the
penalty of Reclusion Perpetua . He is also directed to pay, jointly and
severally, with appellant Fernando Calaguas Fernandez alias "Lando," the
victim AAA the amounts of P50,000.00 as civil indemnity and P50,000.00 as
moral damages.
SO ORDERED.

Corona, C.J., * Carpio, Abad and Mendoza, JJ., concur.

Footnotes

*Designated as an additional member in lieu of Associate Justice Antonio Eduardo

B. Nachura, per raffle dated March 11, 2009.
1.Penned by Associate Justice Conrado M. Vasquez, Jr., with Associate Justices
Mariano C. Del Castillo (now a member of this Court) and Ricardo R. Rosario,
concurring; rollo, pp. 2-21.

2.In view of our ruling in People v. Cabalquinto, G.R. No. 167693, September 19,
2006, 502 SCRA 419, the real name and identity of the rape victim are
withheld.

3.CA rollo, pp. 210-215.

4.Id. at 4-41.
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 5.Id. at 38-41.
6.G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640, modifying Sections 3 and 10 of
Rule 122, Section 13 of Rule 124, and Section 3 of Rule 125 of the Revised
Rules on Criminal Procedure.

7.CA rollo, pp. 122-123.

8.Id. at 53-54.

9.Diega v. Court of Appeals , G.R. Nos. 173510 and 174099, March 15, 2010, 615
SCRA 399, 407.
10.Rules of Court, Rule 133, Sec. 4.

11.Diega v. Court of Appeals, supra note 9, at 408.

12.CA rollo, pp. 19-20.

13.Go v. Fifth Division, Sandiganbayan, G.R. No. 172602, April 13, 2007, 521 SCRA
270, 290.

14.People v. De Jesus, 473 Phil. 405, 429 (2004).

15.Sworn statement of AAA. (Records, vol. II, p. 10)

16.Sworn statement of appellant Al. (Records, vol. II, p. 15)

17.Circumstances which exempt from criminal liability. — The following are exempt
from criminal liability:

xxx xxx xxx

5. Any person who acts under the compulsion of an irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an
equal or greater injury.

xxx xxx xxx

18.People v. Anod, G.R. No. 186420, August 25, 2009, 597 SCRA 205, 210.

19.People v. Baron, G.R. No. 185209, June 28, 2010, 621 SCRA 646, 663.
20.People v. Anod, supra note 18.

21.Sworn Statement of Alberto Anticamara, records, vol. II, p. 15.

22.Id.
23.Id. at 16.

24.People v. De Jesus, supra note 14.

25.People v. Pillas, 458 Phil. 347, 369 (2003).

26.People v. Togahan, G.R. No. 174064, June 8, 2007, 524 SCRA 557, 573-574.

27.Gan v. People, G.R. No. 165884, April 23, 2007, 521 SCRA 550, 575.
28.People v. Delim , G.R. No. 175942, September 13, 2007, 533 SCRA 366, 379.

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 29.People v. Dela Cruz, G.R. No. 168173, December 24, 2008, 575 SCRA 412, 439.

30.TSN, September 17, 2003, pp. 10-11.

31.People v. Casitas, Jr., 445 Phil. 407, 425 (2003).

32.Revised Penal Code, Art. 14, par. 16.

33.People v. Lopez, G.R. No. 176354, August 3, 2010, 626 SCRA 485, 500.
34.G.R. No. 182548, September 30, 2008, 567 SCRA 319.

35.People v. Osianas, supra .

36.People v. Banhaon, 476 Phil. 7, 39 (2004).

37.People v. Agudez , G.R. Nos. 138386-87, May 20, 2004, 428 SCRA 692, 709.

38.People v. PO3 Tan, 411 Phil. 813, 837 (2001).

39.ART. 267. Kidnapping and serious illegal detention. — Any private individual
who shall kidnap or detain another, or in any other manner deprive him of his
liberty, shall suffer the penalty of reclusion perpetua to death;

1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, except when the
accused is any of the parents, female or a public officer.

The penalty shall be death where the kidnapping or detention was committed
for the purpose of extorting ransom from the victim or any other person,
even if none of the circumstances abovementioned were presented in the
commission of the offense.

When the victim is killed or dies as a consequence of the detention or is

raped, or is subjected to torture or dehumanizing acts, the maximum penalty
shall be imposed.
40.People v. Nuguid, 465 Phil. 495, 510 (2004).

41.People v. Domasian, G.R. No. 95322, March 1, 1993, 219 SCRA 245, 253.
42.People v. Acbangin, 392 Phil. 232, 240 (2000).

43.People v. Obeso, 460 Phil. 625, 634 (2003).

44.CA rollo, p. 34.

45.People v. Talan, G.R. No. 177354, November 14, 2008, 571 SCRA 211, 217.

46.People v. Gan, No. L-33446, August 18, 1972, 46 SCRA 667, 678.

47.466 Phil. 324, 386-387 (2004).

Where the law provides a single penalty for two or more component offenses,
the resulting crime is called a special complex crime. Some of the special
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 complex crimes under the Revised Penal Code are (1) robbery with homicide,
(2) robbery with rape, (3) kidnapping with serious physical injuries, (4)
kidnapping with murder or homicide, and (5) rape with homicide. In a special
complex crime, the prosecution must necessarily prove each of the
component offenses with the same precision that would be necessary if they
were made the subject of separate complaints. As earlier mentioned, R.A. No.
7659 amended Article 267 of the Revised Penal Code by adding thereto this
provision: "When the victim is killed or dies as a consequence of the
detention, or is raped, or is subjected to torture or dehumanizing acts, the
maximum penalty shall be imposed; and that this provision gives rise to a
special complex crime. (Italics in the original)

48.People v. Suyu , G.R. No. 170191, August 16, 2006, 499 SCRA 177.
49.Id. at 202.

50.315 Phil. 278, 290-291 (1995).

51.Supra note 47.

52.TSN, February 17, 2003, p. 8.

53.TSN, February 24, 2003, p. 24.

54.. . . In all cases in which the law prescribes a penalty composed of two
indivisible penalties, the following rules shall be observed in the application
thereof:

1. When in the commission of the deed there is present only one

aggravating circumstance, the greater penalty shall be applied. . . .
55.An Act Prohibiting the Imposition of Death Penalty in the Philippines.

56.R.A. 9346, Sec. 2.

57.R.A. 9346, Sec. 3.

58.R.A. 9346, Sec. 2.

59.R.A. 9346, Sec. 3.

60.. . . In all cases in which the law prescribes a penalty composed of two
indivisible penalties, the following rules shall be observed in the application
thereof: . . .

2. When there are neither mitigating nor aggravating circumstances in the

commission of the deed, the lesser penalty shall be applied. . . .

61.People v. Molina, G.R. No. 184173, March 13, 2009, 581 SCRA 519, 542.

62.G.R. No. 170236, August 31, 2006, 500 SCRA 704, 719.
63.500 Phil. 659, 676 (2006).

64.People v. Molina, supra note 61, at 542.

65.People v. Regalario, G.R. No. 174483, March 31, 2009, 582 SCRA 738, 760-761.

66.People v. Balais, G.R. No. 173242, September 17, 2008, 565 SCRA 555, 571-
572.
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 67.People v. Ortiz, Jr., G.R. No. 188704, July 7, 2010, 624 SCRA 533, 541.

68.Records, vol. I, pp. 115-117.

69.People v. Madsali , G.R. No. 179570, February 4, 2010, 611 SCRA 596, 621.

70.Id.
71.Civil Code, Art. 2219. Moral damages may be recovered in the following and
analogous cases: . . .

(3) Seduction, abduction, rape, or other lascivious acts; . . . .

72.People v. Ospig, 461 Phil. 481, 496 (2003).

73.Id. at 496-497.

74.People v. Sabardan, G.R. No. 132135, May 21, 2004, 429 SCRA 9, 29.
75.People v. Madsali, supra note 69, at 621-622.

76.People v. Anguac, G.R. No. 176744, June 5, 2009, 588 SCRA 716, 726.

77.People v. Miana, Sr. , 414 Phil. 755, 770 (2001).

78.People v. Solangon, G.R. No. 172693, November 21, 2007, 537 SCRA 746, 758.

79.In line with recent jurisprudence, the amount of moral damages to be awarded
is P50,000.00 (People v. Madsali, supra note 69, at 622.)
80.People v. Madsali, supra note 69, at 621.

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