THE PEOPLE OF THE PHILIPPINES, PLAINTIFF, VS. GALBON IJAD AND SAKILAN MUSLIM, DEFENDANTS.

Galbon
Ijad, Sakilan Muslim and Jimlani Abdusalim were charged with the crime
of robbery in band with multiple homicide. Of their alleged
confederates mentioned in the information, Aliol (Muslim) is dead and
Alibasa Aukasa and two others, whose true names are unknown, have not
then been apprehended. After preliminary investigation conducted by the
Judge of the Municipal Court of Zamboanga City, the three named
defendants were bound over to the Court of First Instance, where the
City Attorney filed the information charging them with robbery in band
with multiple homicide under the provisions of article 294 of the
Revised Penal Code. Upon arraignment Jimlani Abdusalim entered a plea
of guilty and Galbon Ijad and Sakilan Muslim, a plea of not guilty.
During the arraignment all three defendants were assisted by counsel de oficio
appointed by the Court. After Jimlani Abdusalim had entered a plea of
guilty the Court, considering his plea of guilty as a mitigating
circumstance and applying the provisions of section 106 of the
Administrative Code for Mindanao and Sulu, sentenced him to suffer the
penalty of 10 years, 8 months and 1 day of prision mayor, to
indemnify the heirs of the offended party in the sum of P3,000 and to
pay the costs. Trial of the two defendants who had entered a plea of
not guilty proceeded and thereafter the Court rendered judgment finding
them guilty of the crime charged and sentencing them to suffer the
supreme penalty of death, to indemnify the heirs of the deceased
victims at the rate of P6,000 each victim, or the total sum of P36,000,
the accessory penalties and to pay the costs. In imposing the penalty
of death, the Court found the following aggravating circumstances: (1)
evident premeditation, (2) treachery, (3) night time, (4) the crime was
committed in the dwelling of the victims, (5) disregard of respect due
the victims on account of sex and/or age and (6) extreme cruelty, and
no mitigating circumstance to offset any of them.

The case is
now before this Court for review of the judgment rendered by the Court
of First Instance of Zamboanga, pursuant to the provisions of section
9, Rule 118, of the Rules of Court.

Early in the morning of 6
February 1957, patrolman Omekting of the Zamboanga City Police
Department, assigned to the police precinct in Labuan, Zamboanga City,
reported to the police headquarters that the family of Aisami Ramain of
Bato Lampon had been massacred. Police lieutenants Pedro Basilio and
Reyes, chief of the secret service, together with four detectives and
uniformed policemen repaired to the scene to investigate. Upon arrival
at the place, they saw Ansima, the wife of Aisami Ramain, their four
minor children and his nephew dead. With the help of a photographer
from Pichay Studio, they took pictures of the house from outside
(Exhibit S), and from the inside showing Ansima, her son Muslim near
her and two other children (Exhibit T), the same victims at another
angle (Exhibit T-1), two other children, a male and a female (Exhibit
U) and all of the victims (Exhibit V & X), lying dead and the
kitchen utensils and appliances belonging to the household (Exhibit Y).

Dr.
Purita M. Fernandez, medical officer in the Zamboanga City Health
Department, conducted a post mortem examination of the victims and
signed certificates of death where she enumerated and described the
wounds sustained by each and every victim, as follows:

Esniya, 6 years of age, female:

(1) Wound slashed, 3 inches long below the right clavicle near the sternum.
(2) Wound chopped, 4 inches long, lower jaw fracturing the mandible.
(3) Wound slashed avulsing ear, left. (Exhibit M.)

Momen, 4 years of age, female: Decapitating chopped wound. (Exhibit N.)

Marahael,
8 years of age, male: It had 3 stab wounds on the head, left. First
wound fracturing the skull involving parietal side of brain. Another
wound continuous with the first involving face, left, and a lower stab
wound also continuous with the second, left lower jaw. Hemorrhage,
secondary. (Exhibit O.)

Muslim, 1½years of age, male

(1) Wound, slashed, 6 inches long, right front, parietal slashing brain.
(2) Wound, slashed, 6 inches long cutting cervical, right. (Exhibit P.)

Ansima, 32 years of age, female, more or less in the 9th month of pregnancy:

(1) Chopped extensive wounds multiple.

(a) Eight nape involving base of brain
(b) Occipito-temporal region, right
(c) Shoulder, right 6 inches long (Exhibit Q)

Arasan, 12 years of age, male:

(1) Chopped wound, extensive, 8 inches l&ng, auricular region cutting base of brain.
(2) Two wounds, incised, 2 inches long, dorsum hand, right and base of left thumb.
(3) Sliced wounds, parietal region, 2 inches in diameter. (Exhibit R.)

According
to her the wounds inflicted on the six victims were caused by sharp
bladed instruments and their death was due to acute shock secondary to
hemorrhage (Exhibits M to R, inclusive); that when she arrived at the
scene at about 9:45 o’clock in the morning of 6 February 1957, the
bodies were already in a state of decomposition; and that the victims
could have been killed about twelve hours before her arrival, that is,
between 8:00 o’clock and 9:00 o’clock in the evening of the previous
day, 5 February 1957.

In the course of the investigation
police officer Federico Montesa found the dead body of Aliol Ramain, a
relative of the victims, near the house Aisami Ramain. During the post
mortem examination, a bullet wound in his body and blood stains in his
clothes, which turned out to be the blood of the victims, were found.
Also the clothes in his body were ascertained to belong to Ansima,
Aisami Ramain’s wife. From these the police authorities concluded that
Aliol Ramain was a member of the band that perpetrated the crime
against the wife, children and nephew of Aisami Ramain. The police
officers questioned a neighbor of the victims and Galbon Ijad, Zamblai,
Abdul Sain and his father, who came from Jolo, and then residents of
Lawigon, whom they suspected of having something to do with the crime.
Believing that pirates or sea robbers had perpetrated the crime and
that the Philippine Constabulary authorities could expeditiously solve
the case because they could extend their investigation beyond the
jurisdiction of Zamboanga City, the Mayor asked the help of the
Philippine Constabulary. He sought the aid of Captain Decoroso Santos,
commanding officer of the 91st PC Company, stationed in Zamboanga City.

On
12 February 1957 Captain Santos received a letter from the Mayor of
Zamboanga City asking his help in the solution of the case. With Galbon
Ijad as a suspect, Captain Santos took over the case from the police
authorities of Zamboanga City. On 13 February 1957 he had the suspect
apprehended and brought to his headquarters. After being questioned,
the suspect admitted that he was one of those who committed the crime.
He named Jimlani Abdusalim, Sakilan Muslim, Aliol and two unknown
Yakans as his companions and confessed that he hid the “barong” he used
in stabbing one of the victims in the house of Alibasa Aukasa, his
brother-in-law, in Malandi, Labuan, and gave him his share of the loot
(Exhibits K & 1). Whereupon Captain Santos, Sergeant Ramon Manuel,
Corporal Unilongo and Corporal German Jalon together with Galbon Ijad
repaired to Alibasa Aujasa’s house in Malandi to get them. Upon arrival
at the house of Alibasa Aukasa, with the permission of his wife, they
searched the premises and found the scabbard of Galdon’s “barong” about
25 yards away from the house (Exhibit A) and recovered the following
looted items, namely, two moro pants, 2 moro blankets, 1 malayo dress,
1 white cap for hadji (copia), 1 piece of black cloth, 1 gasket cover
of Petromax (Exhibits B, B-1, C, D, E, F, G) belonging to the victims.
Afterwards captain Santos and his party together with Galbon Ijad
returned to his headquarters and put in writing Galbon’s confession
(Exhibits K & L). He further stated in his confession that his
share in the loot consisted of some clothes, mixed men’s and women’s
clothing, a ten peso bill and a lady’s ring. The confession, which was
in the form of question and answer, was subscribed and sworn to on the
same day, 13 February 1957, by him before Judge Edmundo S. Pinga after
it was translated to him by Hadji Caril in the Joloano dialect
(Exhibits K & L).

On 16 February 1957, after Jimlani
Abdusalim was apprehended, Galbon Ijad was again interrogated by
Captain Santos and he identified the “kris” or “kalis” Jimlani had
during the commission of the crime. On 19 February 1957 he subscribed
and swore to a written statement to that effect before Judge Edmundo S.
Pinga (Exhibit Z).

During the investigation of Galbon Ijad
on 13 February 1957, Captain Santos learned that Moro Sakilan had
escaped to Basilan City. He sent six of his men under the command of
Sergeant Galvez and Corporal Jalon to Basilan City to apprehend the
escaped suspect. After he was apprehended and brought to Zamboanga
City, on 20 February 1957 Captain Santos investigated him and he
confessed to his participation in the commission of the crime.
According to him his companions were Galbon, Jimlani, Alibasa, Pawing,
Aliol and a Yakan whose name he did not know; that it was a “barong” he
used in killing one of the victims who died instantaneously; that he
remembers Pawing was armed with a “kris” on that occasion; and that
together with the latter and the unnamed Yakan he brought to the
mountains one trunk belonging to the victims which he had not opened
(Exhibit L). The confession, which was also in the form of question and
answer, was subscribed and sworn to on the same day, 20 February 1957,
before Judge Edmundo S. Piñga.

Testifying for the
prosecution, Aisami Ramain identified the articles recovered by the PC
authorities. The two pants are his, the cap belongs to his son who at
that time was learning to read the Koran, the spare part of Alkolite
lamp is his, the piece of black cloth, which is a remnant of the dress
worn by his wife when she was interred, belongs to his wife and the
“copia” made by his wife is his. The nine heads of chicken at P1.50 a
head, or a total of P13.50, were not recovered anymore.

Both
defendants deny complicity in the commission of the crime and repudiate
their respective confessions (Exhibits K, 1, and L). Galbon Ijad swears
that on the night of 5 February 1957 and in the morning of the next
days he was at home; that in the morning of 6 February 1957 he was at
home making a fish trap; that he had no personal knowledge of the
incident that happened in Bato. Lampon during those two days but had
information about it from people coming from that place; that he came
to know Captain Decoroso Santos on the day he was arrested and brought
to his headquarters in Zamboanga City; that he was investigated by many
persons whose names he did not know and maltreated by two of them; that
he was hit with the butt of a rifle on the left rib and with the fist
on the back and chest; that as a result of the maltreatment he
sustained a broken rib on the left; that everytime he was maltreated he
passed out and was revived by pouring water on him, that after several
maltreatments he was told to confess to the commission of the crime so
that his life would be spared; that because he wanted his life spared
he did what he was told to do; that the next day he was accompanied by
four PC soldiers to Judge Piñga in his chambers where he was made to
sign the statement, Exhibit K & 1; that on the way to Judge Piñgas
chambers the soldiers advised him to sign the confession in the Judge’s
presence otherwise he would be maltreated again; that because he was
afraid to be maltreated again, he signed the statement Exhibits K &
1; that when he was asked by Judge Piñga whether the contents of the
statement were true, he answered in the affirmative because Captain
Santos, who investigated him, was present at a distance of about 1-½
meters away from him; and that he informed his lawyer about the
maltreatment he suffered at the hands of the PC soldiers but his lawyer
did not have him examined by a physician and did nothing about his
complaint.

Sakilan Muslim also claims that he was maltreated
by the PC soldiers to extract from him the confession, Exhibit L; that
when he was brought to Judge Piñga in his chambers to sign the
statement, he was accompanied by three PC soldiers; that he affirmed to
Judge Piñga the truth of the contents of the statement, Exhibit L,
because of their presence.

Testifying on rebuttal, Captain
Decoroso Santos denies that the defendants had been maltreated
personally by him or by any of his soldiers to extract from them their
respective confessions. He states that he would never allow his men to
maltreat detention prisoners for the purpose of extracting a confession
from them for it would put in bad light the whole organization to which
he belongs; that the defendants’ confession had been freely and
voluntarily given by them; and that had it not been so, he would not
have found in and taken the articles from the house of Alibasa Aukasa,
Galbon Ijad’s brother-in-law, which formed part of the loot.

Testifying
also on rebuttal, Judge Edmundo S. Pinga of the Municipal Court of
Zamboanga City, before whom the defendants subscribed and swore to
their respective confessions, swears that before the defendants signed
them, he informed them of their constitutional rights and that they
could not be compelled to testing against their will; that pursuant to
the instruction of the Secretary of Justice he ascertained that the
investigating officer was not present while the defendants were before
him to sign their respective confessions; that he interpreted and
explained to them the meaning and import of their statements; and that
they never complained to him that they had been maltreated by the PC
authorities.

Captain Santos and Judge Pifiga appear to be
disinterested persons and neither bear the defendant’s ill-will not
harbor any personal motive that would prompt them to testify falsely
against the defendants and jeopardize their life and liberty.

On
the other hand, the defendants have lied in their testimony. Earlier on
direct examination Galbon Ijad testified that Captain Santos was
present when he affixed his thumbmark to the statement, Exhibits K
& 1, before Judge Piñga but later affirmed that only his
co-defendants were present, and finally, on cross-examination, he swore
that only PC soldiers were close to him at that time. On his part
Sakilan Muslim said that Captain Santos was not present but his
soldiers were, when he affixed his thumbmark to the statement, Exhibit
L. Who of them told the truth and which of the contradictory statements
of Galbon Ijad is correct cannot be ascertained. Moreover, if it is
true that the defendants had been maltreated by PC authorities, why did
they not inform their lawyer of such maltreatment when he visited them
in jail for the first time? That should have been the first impulse of
the defendants to have a retraction of their confession aside from
obtaining medical aid for Galbon Ijad who allegedly suffered a broken
rib. Counsel de oficio denies having been told by Galbon Ijad
that he had been mal-treated by the PC authorities when he visited him
in jail for the first time. The conclusion that may be drawn from these
falsehoods and inaction is that they had earlier voluntarily confessed
to their guilt when they were overcome by remorse of conscience and
repudiated later.

The recovery of the loot consisting of 2
moro pants, 2 moro blankets, 1 malayo dress, 1 white cap for hadji
(copia), 1 piece of black cloth, 1 gasket cover of Petromax (Exhibits
B, B-1, C, D, E, F & G) belonging to Aisami Ramain and his family
and of the scabbard of the “barong” (Exhibit A) belonging to Galbon
Ijad, from the house of Alibasa Aukasa, the former’s brother-in-law, is
a strong evidence of his guilt. And the refusal of Sakilan Muslim to
look at the gruesome pictures of the dead victims and the scene of the
crime (Exhibits S, T, T-1, U, V & X) betrays his guilt.

Of the articles taken from the inmates of the house, stated in the
information, to wit: “1 pants; 1 black coat; 1 shirt; 1 white spotted
shirt; 1 gold coin; 1 silver peso; 2 bracelets; 2 gold rings; 1 pair
gold earrings; 6 moro Pants; 6 Blankets; 5 sablays; assorted clothes
for children; 1 cooking pan; 6 plates, porcelain; 4 saucers, porcelain;
9 heads chicken and money in the amount of P100.00 or a total amount of
P670.50,” none except Exhibits B, B-1, C, D, E, F and G, has been
recovered. These recovered and identified articles should be ordered
returned to the owner. However, the loss of nine heads of chicken,
valued at P1.50 a head or F13.50 in all, which have not been recovered,
has been established by the testimony of Aisami Ramain. He should,
therefore, be indemnified by the defendants in that amount. The loss of
the rest of the articles and cash in the sum of P100, mentioned in the
information, allegedly robbed by the band, except P10, has not been
established. Aisami Ramain in his testimony made no mention of the loss
of the rest of the articles and cash in the amount of P100. Only in his
confession (Exhibits K & 1) Galbon Ijad made mention of a P10 bill
and a lady’s ring, as part of his share in the loot, but the value of
the ring has not been proved. The defendants, therefore, cannot be made
to account for them except for P23.50, or to indemnify the owner in
their equivalent value.

As to indemnity, the judgment under
review is modified by ordering the return of the articles marked
Exhibits B, B-1, C, D, E, F and G and the lady’s ring to the owner; and
the appellants to indemnify Aisami Ramain in the sum of P23.50, the
total value of the unrecovered nine heads of chicken and the P10 bill.
As to penalty, for lack of sufficient statutory number of votes, the
defendants are sentenced to suffer reclusion perpetua, the accessories of the law, and to pay the proportionate costs in this instance and in the Court below.

Bengzon, C. J., Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Paredes, Dizon, and De Leon, JJ., concur.