GR 21059; (January, 1942) (Digest)
G.R. No. 21059 ; January 21, 1942
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. EUSTAQUIO CALALAS, ET AL., defendants. EUSTAQUIO CALALAS, VICTORIANO CALALAS, EMILIANO AMBAN, VALENTINO AMBAN and CIRILO AMBAN, appellants.
FACTS
The defendants were charged with rapto con violacion in the Court of First Instance of Occidental Negros. The information alleged that on the evening of December 28, 1922, in Murcia, Occidental Negros, appellants Eustaquio Calalas and Emiliano Amban, armed with bolos and canes, went to the house of Victoriano Cordova while he was absent. Eustaquio Calalas entered the house where Rosario Cordova, 14 years old, was alone with a 4-year-old child. Through violence and intimidation, he took her from the house, with Emiliano Amban stationed below. They carried her away, and while on the way, they were met by appellants Valentino Amban, Cirilo Amban, Pedro Amban (who escaped), and Victoriano Calalas, who, knowing of the abduction, accompanied them to Mount Cumalisquis. There, they left Rosario Cordova with Eustaquio Calalas, who had sexual intercourse with her through intimidation. The trial court found all appellants guilty as principals under Article 445 of the Penal Code, with aggravating circumstances, and sentenced each to seventeen years, four months, and one day of reclusion temporal.
ISSUE
1. Whether there was conspiracy among all appellants.
2. Whether the aggravating circumstances under Article 10, paragraphs 9 and 15, of the Penal Code were correctly appreciated.
3. Whether all appellants were guilty of the crime charged beyond reasonable doubt.
RULING
The Supreme Court modified the trial court’s decision.
1. As to Eustaquio Calalas and Emiliano Amban: The evidence was conclusive that they conspired and used force and violence to abduct Rosario Cordova from her home. Eustaquio Calalas, after dragging her downstairs and intimidating her with a bolo, had sexual intercourse with her through force on the same night. Emiliano Amban actively participated in the initial abduction. They were guilty as principals of the crime charged. The judgment of the lower court against them was affirmed.
2. As to Valentino Amban, Cirilo Amban, and Victoriano Calalas: The evidence showed they did not take a direct part in the initial abduction. They only joined Eustaquio Calalas and the girl the morning after the abduction and assisted in taking her to Mount Sibalao, where Eustaquio Calalas again had sexual intercourse with her. Their actions constituted cooperation in the execution of the act through simultaneous acts, making them accomplices under Article 14 of the Penal Code, not principals under Article 13. Pursuant to Article 67, the penalty next lower in degree than that for the consummated felony was imposed. They were each sentenced to eight years and one day of prision mayor.
The Supreme Court did not explicitly rule on the assigned error regarding aggravating circumstances in its disposition, as the modification focused on the degree of participation and penalty for the accomplices. The judgment was affirmed as to Eustaquio Calalas and Emiliano Amban and modified as to the other three appellants.