People vs. Anticamara and Calaguas (Case Digest)

People vs. Anticamara and Calaguas (Case Digest)

GR No. 178771, June 08, 2011

Facts:

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, 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.

 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.

Issue:

Whether or not there is special complex crime of kidnapping and serious illegal detention with rape in the instant case spite of the fact that he (Lando Calaguas) had no participation in the commission of the (two) sexual abuses against the victim?

Held:

Lando Calaguas (one of the accused-appellant) is also liable for special complex crime of kidnapping and serious illegal detention with rape. Since conspiracy is established between the other accused and Lando in the commission of kidnapping, the latter is responsible for the rape committed by former since there is no showing that Lando endeavored to prevent his companion from raping AAA.