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42.

People vs Anticamara

GR No 178771 08 June 2011

Facts: Conrado Estrella and his wife employed AAA and Sulpacio Abad as maid and driver
respectively. Sometime on the afternoon of 07 May 2002, the group of Fernando Fernandez
(Lando), Alberto Anticamara (Al), Dick Taedo (Dick), Roberto Taedo (Bet), Marvin Lim
(Marvin), and Fred Doe entered the house of AAAs employer whilst she was sleeping.
Thinking that the intruders left the house already, she attempted to run but Dick was still
there. After a brief commotion, the group decided to tie AAA and was led outside the house.
AAA saw Abad tied and blindfolded inside a vehicle.

AAA was brought to the fishpond, there she saw Necitas Ordeiza-Taedo (Cita). The group
brought Abad outside the vehicle and was led away. AAA heard the group discussing to
make a decision since Abad apparently has been shot four times. Later on, Lando and Fred
boarded the vehicle taking AAA with them to San Miguel, Tarlac. She was kept in Landos
house until 09 May 2002.

On 09 May 2002, Lando told AAA that Fred and Bert has intention to kill her and he brought
her to a hotel. Through threat, Lando sexually molested AAA. Later on Fred, Bert and Lando
transferred AAA to the house of Freds niece in Riles, Tarlac. Fred kept AAA as a wife and
repeatedly raped her at night, threatening to give her back to Lando whom she knew killed
Abad.

On 22 May 2002, Fred, together with his family, transferred AAA to Carnaga. AAA was
made to stay as a house helper in the house of Freds brother-in-law. On 04 June 2002,
AAA escaped the house and sought help from her friend who called AAAs brother. Arriving
Mandaue City, AAA and her brother reported the incident to police authorities. The cadaver
of Abad was autopsied and cause of death was gunshot wounds on trunk.

Lando, Al and Cita pleaded not guilty during arraignment while Dick, Bet, Marvin and Fred
Doe remained at-large.

The Regional Trial Court convicted both Lando and Al for the crime of Murder and
Kidnapping/Serious Illegal Detention. Whereas Cita was found not guilty for both crimes due
to insufficiency of evidence. 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
4) The cost of suit.
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.

The Court of Appeals affirmed the decision of the trial court.

Lando appealed the decision of the Court of Appeals contending that the court gravely erred
in giving scant consideration to the evidence presented by the accused-appellant which is
more credible than that of the prosecution.

Issue: Whether or not appellants are solidarity liable to pay damages for the crime of
Murder and Kidnapping/Serious Illegal Detention.

Held: The appellants are ordered to pay jointly and severally for the crime of murder, 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.

Appellant Fernando Fernandez is ordered to pay the offended party AAA for the crime of
kidnapping/serious illegal detention, the amounts of P75,000.00 as civil indemnity,
P75,000.00 as moral damages and P30,000.00 as exemplary damages. And appellant
Alberto Anticamara is directed to pay, jointly and severally, with appellant Fernando
Fernandez the victim AAA the amounts of P50,000.00 as civil indemnity and P50,000.00 as
moral damages.