G.R. No. 1865. February 03, 1905

In a complaint filed by the provincial fiscal of the Moro Province
on October 26, 1903, in the Court of First Instance of Zamboanga,
Joaquin Ramirez, Vicente Saavedra, Gregorio Lacanelao Santos, and
Ampan, a Moro, were charged with the crime of murder. The complaint
stated that on or about the 26th day of May of said year these
defendants, with treachery (alevosia) and known premeditation,
killed an American,John Smith, while he was on board a small boat at
sea near the town of Lampinigan, Island of Mori, district of Zamboanga;
that they wounded him with a bolo (called ulipas) and a
dagger; all with abuse of confidence, under cover of night, and in an
uninhabited place, killing him instantly; that these acts constitute
the crime of assassination; all contrary to law.

The case having come up for trial in pursuance of the aforesaid
complaint, from the evidence adduced in same it appears that John Smith
lived in the pueblo of Santa Maria, Province of Zamboanga; that he had
in contemplation a trip over to the Islands of Jolo and Siasi to buy
copra and chickens; that for this purpose he made some arrangements
with Gregorio Lacanelao Santos whereby the latter, upon payment of 30
pesos, should act as his pilot in conducting him to said islands; that
the proposition was accepted by Lacanelao Santos; that the latter made
an arrangement with the defendants Ramirez and Saavedra to accompany
him as sailors; that these three last-named persons rented a boat
belonging to one Bernabe Macapili, assuring the latter that they were
going to take the family of Gregorio Lacanelao Santos to Basilan and
that they would be back within four days; that at 8 o’clock on the
evening of the 25th of May, 1903, the sailors engaged by Santos went
for and prepared the boat which they had rented and took it to Bonansa,
near Adoves Street; that at about 5 o’clock the following morning John
Smith, accompanied by Lacanelao Santos, drove over to the place where
the boat was anchored, carrying with him a bundle of provisions and a
small box containing 500 pesos and some bank notes; that when they
arrived at the boat they found the sailors Ramirez and Saavedra already
in it, as well as the Moro, Ampan; that Vicente Saavedra told John
Smith that Ampan was his servant, who wanted to travel with them; that
Smith consented to his going with them and immediately they started on
their trip. That at about 8 o’clock that evening they arrived at the
town of Lampinigan, where they stopped and Smith and Ramirez went
ashore in order to purchase some food and clothing; that when the
latter returned the party proceeded on their journey. That John Smith
went to sleep in the center of the boat, Vicente Saavedra and the Moro,
Ampan, brag in the bow and Joaquin Ramirez and Gregorio Lacanelao in
the stern; that the latter four were all awake; that at about 9 o’clock
that night, and when they were about a quarter of a mile away from
Lampinigan, the Moro, Ampan, suddenly arose and struck John Smith with
his bolo, almost cutting him in half; that he then told Ramirez to stab
the deceased, which he did, stabbing him in the left side of the chest;
that Ampan then ordered Vicente Saavedra to tie the anchor chain around
the deceased’s neck and throw the body overboard, which was done; that
after the crime was consummated the Moro, Ampan, took the small box
containing the money of the deceased and gave from its contents 140
pesos to Ramirez, 40 to Lacanelao, and promised to give Vicente
Saavedra his part later; that Lacanelao took the belt-of the deceased
containing about 40 pesos, while Ampan kept all the rest of the money
belonging to the deceased. That these defendants distributed among
themselves the clothes of the deceased which were not stained with
blood; and finally, that these defendants continued on their journey to
the Island of Basilan, where they landed. Lacanelao Santos and Ampan
remained there, while Saavedra and Ramirez, after cleaning the boat,
returned to Zamboanga and delivered same to its owner.

It must be noted that the judge, on motion of the prosecution,
dismissed the case as to Gregorio Lacanelao Santos, acquitting him by
an order dated January 15, 1904, and that the Moro, Ampan, was killed
in an effort to escape from the prison, as is to be seen on page 25 of
the record. The trial, then, was held only as against Joaquin Ramirez
and Vicente Saavedra. After the complaint was read to these men they
pleaded not guilty.

The evidence establishes that John Smith was killed for the purpose
of robbing him. The crime, therefore, is the complex one of robbery
with homicide, provided for and punished by articles 502 and 503 of the
Penal Code. Confining ourselves to the complaint, it is undeniable that
the crime of murder provided for and punished by article 403 of the
Penal Code was committed. The violent killing of John Smith was
executed with treachery (alevosia), inasmuch as the culprits
used means tending to insure the consummation of the crime without any
risk to themselves. This circumstance stamps the crime as that of
murder and determines the penalty therefor as that of cadena temporal in its maximum degree to death.

The participation of the defendants Joaquin Ramirez and Vicente
Saavedra in the killing of John Smith can not be denied. They made
arrangements with Gregorio Lacanelao Santos and were employed by the
latter in the name of the deceased to conduct him from Zamboanga to
Jolo. They planned the killing of said John Smith in order to rob him.
The Moro, Ampan, was the one who did the actual killing. In order to
commit the crime, and without the consent of the one who chartered the
boat, they displayed a great desire to have the said Moro go with them
in the boat as a sailor, or traveler, pretending that he was the
servant of Saavedra. The fact that they concealed the name of the party
who chartered the boat from the owner thereof, telling him that they
were going to take the family of Lacanelao to Basilan; the fact of
Joaquin Ramirez seconding the sudden attack made by Ampan, stabbing
the.deceased in the breast; the apparent passive conduct of Saavedra at
the moment of the attack without doing anything or attempting to do
anything to prevent the consummation of the crime; the persistence of
the Moro, Ampan, in remaining in the boat when he was asked by
Lacanelao Santos to disembark and remain in the town of Lampinigan; the
fact of the tacit consent of the other coprincipals in the crime,
Ramirez and Saavedra, the former taking part of the money and clothes
stolen and the latter relying on the promise of his portion when they
reached the town of Basilan; and, finally, the fact that they concealed
the crime and did not report the occurrence to the authorities for more
than six months afterwards, until they were discovered, all these facts
taken together and taken into consideration with the other
circumstances of the case, and considering them according to the rules
of sound reasoning, produce on the mind a clear conviction of the guilt
of the two defendants, Ramirez and Saavedra, as coprincipals with Ampan
in the crime of murder, for which they are now prosecuted.

When, as in the present case, the purpose of the crime is robbery,
and when in order to consummate the same defendant prepared themselves
and arranged for the commission of the crime, beginning with the
killing of the victim and ending with the stealing of his effects, thus
accomplishing their purpose, all are to be considered principals who,
by common consent, resolve upon the commission of the robbery and take
part therein intentionally and by overt acts, accompanying the one who
does the actual act to the place of the crime and cooperate in the
consummation of same, and, finally, taking part in the distribution of
the stolen property. They are therefore liable as principals for all
the consequences of the punishable acts committed, whether they took
any material part in the murder or not The defendant Saavedra finds
himself in this position: He pretended to be the master of the Moro,
Ampan, the person who actually carried out the crime; he took part in
the distribution of the clothing and accepted the offer of Ampan to
receive his portion in cash when they should arrive at the Island of
Basilan. This offer and his acceptance thereof cooperates perfectly
with the understanding which existed among the defendants and which
becomes evident from the first pages of the record.

The allegations made by the defendants in their defense do not
constitute a defense, and, even if they did, they do not offset the
testimony adduced by the prosecution, notwithstanding the fact that the
defendants pleaded not guilty.

In the commission of the crime we must consider the presence of the
aggravating circumstances of premeditation, nocturnity, treachery (alevosia),
and its having been committed on a small boat out at sea. There is no
extenuating circumstance to offset any of the former. It is evident
that the defendants conceived and planned the crime before entering for
the first time into the boat and before leaving Zamboanga; they
attacked their victim and killed him in accordance with the plans they
had laid at a moment when he was asleep on board the boat, at a great
distance from land and in the middle of the night. It must be noted
that, even taking into consideration the circumstance provided for in
article 11 of the Penal Code in favor of the defendants, it would not
relieve them from the maximum penalty, which is death.

Therefore, by virtue of the reasons above stated, we are of the
opinion that the judgment below, dated January 18, 1904, should be
affirmed and Joaquin Ramirez and Vicente Saavedra sentenced to death,
this sentence to be executed in Zamboanga at such hour and day not a
holiday to be appointed by the judge of the district and in the manner
prescribed by Act No. 451, dated September 2, 1902. The defendants are
also sentenced to pay, jointly and severally, to the heirs of the
deceased John Smith the sum of 1,000 pesos, with the accessories
provided for in article 53 of the Penal Code in case of pardon, and
with half of the costs in both instances. This case to be remanded to
the court below with a certified copy of this decision and of the
judgment which shall be rendered in accordance herewith. So ordered.

Arellano, C. J., Mapa, Johnson, and Carson, JJ., concur.