THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. MOROS AMAJUL, ALBANI, ASAKIL, WADJA MADJID, AMDAD AND LAHUD, DEFENDANTS AND APPELLANTS.

In Criminal Case No. 1279 of the Municipal Court of the City of Basilan, Yakan Djalalang, Moros Salihuddin, Djalim, Hamiddin alias
Sauril, Asakil, Sahadain, Amajul, Albani, Musa, Lahud, Wadja Madjid and
Amdad were accused of the crime of robbery in band with murder and
frustrated murder. In another information (Criminal Case No. 1280), the
same accused were charged in the same court with robbery in band with
murder.

When elevated to the Court of First Instance of
Basilan City, the two cases were docketed as Criminal Cases Nos. 317
and 318, respectively. Of the accused, Moros Salahuddin, Sahadain and
Musa remain at large, while Yakan Djalalang, although earlier
apprehended, escaped from the Basilan City jail during the pendency of
the cases in the Court of First Instance. When arraigned, Moros Djalim
and Hamiddin pleaded guilty to both charges; the rest of the accused,
however, pleaded innocence.

After a joint trial as to Wadja
Madjid, Asakil, Albani, Lahud, Amajul and Amdad, the trial court
rendered judgment of conviction, as follows:

“In
View Thereof, this Court is of the opinion and so holds that the guilt
of all the accused, Wadja Madjid, Asakil, Albani, Lahud, Amajul, and
Amdad have been proved beyond reasonable doubt. They are all guilty as
principals of the offenses charged in Criminal Cases Nos. 317 and 318.

The offenses for which they are charged are denned and punished tinder
Art. 294, paragraph 1 of the Revised Penal Code. Considering the
aggravating circumstance of having committed the offenses in band and
being offset by their lack of instruction, the penalty that should be
imposed upon each of the accused is Reclusion Perpetua for each offense.

The Court, therefore, sentences each and everyone of the accused, Wadja
Madjid, Asakil, Albani, Lahud, Amajul and Amdad, to suffer the penalty
of reclusion perpetua for the crime of Murder and Frustrated
Murder and Robbery committed in the ambush of the Western Mindanao
Lumber Co. jeep on February 15, 1956, as charged in Criminal Case No.
317.

This Court likewise sentences each and everyone of
the accused, Wadja Madjid, Asakil, Albani, Lahud, Amajul and Amdad, to
suffer the penalty of reclusion perpetua for the death of
Alejandro Oraoso and robbery committed in the ambush of the AC jeep No.
2416 on February 15, 1956, as charged in Criminal Case No. 318.

All of the accused in Criminal Case No. 317 shall solidarity indemnify
the heirs of the deceased Gerundio Achas the amount of P6,000.00 and
P50.00 for his wrist watch. All the accused are likewise solidarily
sentenced to restore the total amount of P10,400.00 to the Western
Mindanao Lumber Co.; P90.00 to Midonia Ortega; and P20.00 to Cayetana
Macansantos, less the amount thus recovered and confiscated from the
accused, and the accused shall solidarily indemnify the amount of
P1,000.00 to Pedro Morados for the injuries he sustained by the gunshot
in the ambush; and with the proportionate costs of these proceedings.

All the accused in Criminal Case No. 318 shall solidarily indemnify the
heirs of the deceased Alejandro Omoso the amount of P6,000.00, and to
pay for the unrecovered wrist watch in the amount of P50.00, with costs.

The Garand rifle Exh. “M” is hereby declared confiscated in favor of
the Government, and the Thompson Submachine gun and the Colt pistol
Cal. 45 are hereby ordered returned to the Western Mindanao Lumber Co.”

All the accused appealed. In time, however, appellant Wadja Madjid
moved for the withdrawal of the appeal as to him, which this Court
granted in its resolution of July 7, 1960.

The prosecution’s
evidence tends to show that in the evening of January 31, 1956, Yakan
Djalalang, Salahuddin, Djalim, Hamiddin, Asakil, Sahadain, Amajul,
Albani, Musa, Lahud and Wadja Madjid met at the house of Moro Amdad to
discuss plans to waylay the payroll jeep of the Western Mindanao Lumber
Company. A second meeting at the same place was held by the
conspirators on the eve of the ambush to finalize the details of the
plot.

At about 8:00 o’clock in the morning of February 15,
1956, Moro Asakil, a laborer of the Western Mindanao Lumber Company,
sought leave of absence from Felipe Sanson, the field manager,
allegedly because he was sick and wanted to go home to Jolo. Sanson
denied the request on the ground that Asakil had not yet rendered the
required one-year service. At the time, Sanson had already given
instruction for the use of the company jeep to get the payroll money
from the Basilan City branch of the Philippine National Bank. About two
hours later, Pedro Morados, the driver; Gerundio Achas, a security
guard; and Francisco Jamero, the accountant, rode out of the company
compound on their way to the bank. The trio offered a ride to Moro
Asakil, but the latter refused the offer.

On the return trip
from the bank, Pedro Morados placed the cash withdrawn which came in
denominations of one-peso, two-peso, ten-peso and twenty-peso paper
bills, inside a buri bag. To his right side at the front seat of the
jeep was seated the accountant, and, next to the latter, the security
guard. Four other passengers were picked up on the way to Kapatagan,
and occupied the rear seats of the jeep.

Preparing since
morning for the arrival of the payroll jeep at an isolated spot along
Kilometer 12 of the Isabela-Kapatagan road, the outlaws took their
assigned places. Djalalang, the leader of the gang, was armed with a
Garand rifle, and all, except the two look-outs, Wadja Madjid and Moro
Asakil, were armed with “barongs”. At about 1:30 p.m., Wadja Madjid
signalled to the armed group the approach of the long-awaited quarry.
Travelling a distance of about 20 meters more from the spot where
Madjid had hidden himself, the ill-fated jeep was fired upon several
times by Djalalang, instantly killing the guard Gerundio Achas and
wounding the driver Pedro Morados. When the vehicle finally stopped,
the wounded Morados and the rest of the passengers scampered for
safety, leaving whatever things they had inside the jeep. They in time
reached a PU car which brought them back to Kapatagan.

On
its way, the PU car met the oncoming ‘Blue Line” passenger jeep with
plate No. 2416, owned by Mrs. Dolores Alano Laconico. The PU driver by
hand signals, frantically tried to stop it, but the jeep unsuspectingly
went on. Nearing the scene of the ambush, Hasim Kalay, the boy
conductor of the “Blue Line” jeep, saw the armed men pointing their
guns at them. Alejandro Omoso, the driver, pleaded “No tera tong” to no
avail. Djalalang and Musa fired at Omoso, causing the latter to lose
control of the vehicle, which turned turtle by the side of the road.
Omoso died instantly, however, the boy, Hasim Kalay, escaped injury.
Paralyzed with fear, he merely covered his face as he heard one of the
men say “Kawa-a-ing Relos”, meaning “Get the watch”.

Leaving
the damaged jeeps on the road, the bandits made away with P10,400.00 in
payroll money, the firearms carried by the security guard valued at
P700.00, the wrist watches of Achas and Omoso valued at P50.00 each,
the foodstuffs bought at the market by Cayetana Macansantos worth
P20.00, and other articles and cash in the sum of P90.00 belonging to
Migdonia Ortega, or a total of P11,290.00. The robbers took their exit
through the forest and divided the loot among themselves; however,
Asakil’s share was only P35.00; Amdad’s in whose house the planning of
the ambush was made, the amount of P100.00; and Hadji Madjid’s, P20.00.

Hasim Kalay was later picked up by a logging truck which took him to
Basilan City where he related his frightful experience to the police.

While there is no dispute as to the commission of the offenses charged,
the investigations conducted by the authorities failed to bring to
light the identity of the culprits, for none of the survivors was able
to recognize or identify the malefactors; but the police were able to
recover five empty shells fired from a .30 caliber firearm, one
projectile of .30 caliber, one lead core, one metal jacket, and one
empty shell of .45 caliber.

On suspicion of having taken part in the ambushes, Yakan Djalalang, Djalim, Hamiddin alias
Sauril, Asakil, Amajul, Albani, Lahud, Wadja, Madj id and Amdad were
apprehended by the police authorities, and later charged in Criminal
Cases Nos. 317 and 318 of the Court of First Instance of Basilan.

Relying on the extra-judicial confessions of Yakan Djalalang, who
escaped from detention during the pendency of the cases below; of
Hamiddin alias Sauril, who pleaded guilty to both criminal
cases; and of Wadja Madjid, the trial court convicted the
accused-appellants as conspirators. Wadja Madjid having earlier
withdrawn his appeal, this, review will be confined only to the cases
of Asakil, Amdad, Amajul, Albani, and Lahud.

In the absence
of other identification, the lower court relied exclusively on the
extra-judicial confessions of Djalalang; Sauril and Wadja Madjid,
implicating the appellants herein. Admission of the confessions wag
duly objected to, and the rule is settled that—

“A
confession made by a defendant is admissible against him but not
against his co-defendant as to whom said confession is hearsay evidence
for he had no opportunity to cross-examine the former.” (Comments on
the Rules of Court, Moran, ’57 Ed., Vol. III, p. 109, citing numerous
authorities)

Neither Djalalang nor Sauril
was called to the witness stand. Wadja Madjid, upon the other hand,
denied having voluntarily implicated his co-accused in his
extra-judicial confession, and indeed denied having any knowledge that
his co-accused had taken part in the commission of the crimes in
question. While it is true, as stated by the Solicitor General, that
voluntary extra-judicial confessions may be admitted to confirm direct
testimonial evidence, without the latter, the confessions do not
warrant consideration (see Comments on the Rules of Court, Moran supra,
pp. 111-112). Here, aside from the extra-judicial confessions of the
persons referred to, no direct evidence of conspiracy or of involvement
in the crimes in question was introduced.

On the other
hand, the circumstancial evidence is insufficient to warrant the
conviction of any of the appellants, except Moros Lahud and Amdad.

Acting on information elicited from Wadja Madjid, Constabulary
operatives arrested appellant Lahud, a resident of Basilan City, on
April 11, 1956, in Olutanga Island, Zamboanga del Sur, whither he had
transferred after the occurrence of the regretable incidents. When
Lahud was brought before the City Fiscal and confronted by Yakan
Djalalang, the latter readily identified this appellant as one of those
who took direct part in the ambushes that took a toll of two lives
(t.s.n., 109-Cobato, 73-Asis). Djalalang’s statements, pointing to
Lahud as a co-perpetrator of the crimes, was taken down in writing in
the latter’s presence and sworn to by the declarant (Exh. “Y-I”). In
the , course thereof, it does not appear that Lahud ever remonstrated
or protested against the implication, thus making said extra-judicial
statements admissible as against him (People vs. Atienza, et
al., 86 Phil., 576, 47 Off. Gaz., Supp. No. 12, 200). Mistake in the
identification of Lahud is quite remote, considering that he is
physically infirm and walked with a limp. Djalalang, it may be
remembered, was one of those accused in Criminal Cases Nos. 317 and
318, who later bolted from jail; while Wadja Madjid was among those
convicted by the court below, and later withdrew his appeal to this
Court.

As to appellant Asakil, the evidence show only that
when being apprehended at the market place by a PC officer, he tried to
flee, together with Wadja Madjid, a housemate (pp. 44, 65, t.s.n.,
Cobato); and when finally arrested and searched, the amount of P16.00
was found in his right shoe and P3.00 in the left shoe (pp. 45-46,
t.s.n. Cobato). These circumstances, standing alone, do not conclude
Asakil’s guilt beyond a reasonable doubt. The Solicitor General tries
to add as another item of circumstantial evidence the fact that in the
morning of the crime, Asakil turned in his tools and left his work
allegedly because of sickness; and yet when, on his way home, he was
offered a ride by the party in the ill-fated jeep, he refused upon the
pretense that he preferred to hike. The prosecution, however, failed to
elicit this matter from the witnesses during the trial below. Reliance
is placed on the sworn declarations of Pedro Morados and Francisco
Jamero, which statements, although forming part of the records of the
municipal court, were not properly introduced in evidence and,
therefore, cannot be considered in the evaluation of appellant Asakil’s
guilt.

Accused Albani and Amajul were arrested on February
17, 1956, on the report of a bus conductor whose suspicion was aroused
when the duo tried to pay their fare with a P20.00 bill. When arrested
in the market place, Albani was sporting new denim trousers, new rubber
shoes, a printed polo shirt, and a khaki cap. The sum of P30.00 was
found hidden in his shoes. In his affidavit, Exh. “FF”, he admitted he
was bound for Jolo when apprehended. Amajul, Albani’s companion, had
P1.40 in his person. In his sworn-statement, Exhibit “J”, Amajul
volunteered the information that in the late afternoon of the incidents
in question, while getting some firewood, he saw Sauril, Musa and
Sahadain, carrying a Garand rifle and a revolver. Coming nearer to him,
he was asked to swear, on threats of death to him and his family, not
to report to the authorities what he just saw. The following morning,
Sauril arrived with a Koran and Amajul was asked to reaffirm on
it what he swore the previous day. During the said meeting, Sauril
supposedly admitted to him the trio’s participation in the ambushes.
These circumstances, nontheless, do not convince us beyond a reasonable
doubt that the two appellants had taken part in the commission of the
crimes charged.

With respect to appellant Amdad, while proof
is wanting to establish his participation as a principal in the crime
charged, the evidence is, however, sufficient to convict him as an
accessory after the fact. In his own sworn statement of February 22,
1956, Exh. “GG”, Amdad admitted having acquired knowledge of the
commission of the ambuscades, and in fact accepted P100.00 of the
looted money which, he claims, was forced upon him. Of said amount, the
police were able to recover P72.00 in a glass bottle buried in Amdad’s
yard (pp. 60-62, t.s.n., Asis; 156-157, 159, Cobato). Found inside his
house were the Garand rifle used in the killing and the .45 Caliber
pistol, which was taken away from the slain security guard (pp. 13, 16,
t.s.n., Cobato). Since it is unbelievable that the robbers should
compel Amdad to accept part of the loot, and he failed to report the
fact to the police, he must be held guilty as “encubridor” under
Article 19 of the Revised Penal Code that punishes, as accessories,
those who, having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplices, take
part subsequent to its commission by profiting themselves or by
concealing the effects or instruments of the crime.

Article 294, paragraph 1 of the Revised Penal Code, imposes the penalty of reclusion perpetua
to death upon any person guilty of robbery when by reason or on
occasion thereof, the crime of homicide shall have been committed. As
correctly pointed out by the Solicitor General, the commission of the
crimes in band is taken into account only in connection with
subdivisions 3, 4 and 5 of Article 294, but not, as in this case, where
the robbery falls under paragraph 1 of the same article (see Art. 295,
R.P.C.; People vs. Casunuran, G. R. No. L-7654, August 16,
1956); and neither should the ordinary mitigating circumstance of lack
of instruction be considered in crimes against property (People vs.
Melendrez, 59 Phil., 154; U.S. vs. Pascual, 9 Phil., 491). There being
no aggravating or mitigating circumstance to speak of, the proper
penalty imposable on appellant Lahud in each case is reclusion perpetua,
as ultimately found by lower court. Appellant Amdad, being an accessory
to the consummated felonies, must suffer the penalty lower by two
degrees (Art. 53, R.P.C.), or, in this case, that of prision mayor
(Art. 61, par. 2, R.P.C.) in its medium period. Applying the
Indeterminate Sentence Law as to this appellant, the minimum of the
penalty that should be imposed upon him shall be within the range of prision correccional, the penalty next lower to that prescribed by the Code for the offense.

Wherefore, the judgment appealed from is modified by acquitting
appellants, Asakil, Albani and Amajul of the crimes charged, and
absolving them from the civil indemnity; and by sentencing appellant
Lahud to life imprisonment, and appellant Amdad, to an indeterminate
sentence of not less than 5 years and 1 month of prision correccional, as minimum, to not more than 10 years of prision mayor,
as maximum, in each of the two cases. In all other respects, the
judgment is affirmed. Costs in this instance against appellants, Lahud
and Amdad.

Bengzon, Acting C.J., Padilla, Bautista Angelo, Concepcion, Barrera, Paredes, and Dizon, JJ., concur.