THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. LAOTO, LABI, GUMAGADONG, MANINTONG NO. 1, MANINTONG NO. 2, UDTI AND GUTI, DEFENDANTS AND APPELLANTS.

Moros Loato, Labi, Gumagadong, Manintong No. 1, Manintong No.
2, Udti and Guti appeal to this court from the judgment of the Court of First
Instance of Lanao finding them guilty in accordance with the fiscal’s
information, of the murder of Otto Seifert, and taking into account the
aggravating circumstances of abuse of superior strength, uninhabited place and
evident premeditation, sentencing each of them to life imprisonment, to
indemnify the deceased’s heirs in the sum of Pl,000 jointly and severally, with
the accessories of the law, and to pay one-eighth of the costs.

In support of their appeal, appellants assign the following
alleged errors as committed by the trial court in its judgment, to wit:

“1. The trial court erred in holding that the herein accused
and appellants were members of the gang that murdered Otto Seifert, and that the
crime committed by them was done with the knowledge and consent of Sultan Laoto,
simply because said authors of the crime lived within his sultanry.

“2. The trial court erred in not holding that the real and only
perpetrators of the crime against Otto Seifert, and the only ones liable for
said criminal act were Karadang (alias Marcos), Andi, Dumaut, Solugan,
Makarampat, and B. F. Mabasa, and in not acquitting the herein accused-appellants their guilt not having been proven beyond a reasonable
doubt.”

The following facts were proved at the trial beyond a
reasonable doubt:

Otto Seifert (alias Kid) purchased of Doctor Feliciano a parcel
of land situated in the barrio of Lala, district of Kolambugan, Province of
Lanao. With the intention of devoting himself to agriculture, Otto Seifert built
a house in said barrio, bringing his family with him. The land was under the
jurisdiction of the Sultan of Kapatagan, who is the appellant Moro Laoto, who
pretended to be the owner of said land. Besides this dispute over the title,
some of the hens and chickens of the accused Laoto had been killed by the
deceased’s dog. Later on Otto Seifert had a discussion with a certain B. F.
Mabasa as to the use of a river. He also had some words with Moro Karadang
(alias Marcos) who pretended that Seifert had ordered him from his land after he
had broken it and planted it with rice without paying him for his labor. In view
of these difficulties the deceased interviewed Commandant Johnson of the
Constabulary who advised him to be congenial with the natives if he wished to
continue living there.

On the morning of June 13,1926, the deceased invited his
servant, the Moro Aman, to help him plant coconuts. Having planted some seeds
they went up the house to eat. After eating they resumed the planting until they
finished it. Then, having nothing more to do Seifert invited Aman to go with him
to the launch to see if anything was wrong, because he intended to go to
Kolambugan to meet Commandant Johnson. Seifert went ahead and Aman remained
behind to respond to a call of nature. A short time after, Aman heard two shots
from the direction of the launch. He then cried out, “What is that?,” and all
the answer he got was moaning. “Ay, Ay,” followed by four shots. At the same
time he saw some Moros running towards the river, hiding themselves behind tree
trunks. At the side of a tree, he saw two paliuntods (imitation shotguns). After
a moment’s reflection he deemed it unwise to go to the launch for fear of being
killed also, for he believed that Seif ert was already dead. He went back to his
master’s house where he met the latter’s wife in tears, who asked him about her
husband. In answer he asked for the shotgun saying that there were enemies. With
gun in hand and provided with ammunition, he left the house; but after having
gone about 4 brazas from the stairway, the deceased’s wife cried out to him,
“Come back, Aman, they are coming.” At that moment the Moros entered the wire
fence and upon coming to within 30 brazas of the house they spread out firing on
Aman and crying that he was nobody to resist them, and asking him how many
bullets of his paliuntod he could eat. In view of this attack Aman also fired on
the assailants saying, “Let us commend ourselves to God for I have nothing
against you to see who survives.” Fortunately, they did not succeed in hurting
him, but he killed one of them instead, and the rest ran away. The dead man was
found to be the Moro Andi, who carried around his waist the sheat, Exhibit B, of
the revolver which Seifert had on going out of the house. Moro Andi was a
younger brother of the accused Laoto. During the skirmish, Aman recognized the
accused Udti, Gumagadong, another younger brother of Laoto, and Karadang (alias
Marcos). Seifert’s wife, named Maxima, also recognized Moro Manintong No. 2, and
Labi from her house. After the shooting, two paliuntods were found near the
place where Moro Andi fell dead. Moros Karadang (alias Marcos) and Udti each
carried a paliuntod; Moro Gumagadong had a gun. After retiring the Moros
directed their steps to the lands of the Sultan of Kapatagan, carrying
kampilans, paliuntods and a revolver. When the authorities began to investigate
the appellant Laoto with his men went to the mountains to hide. A year later
said accused asked his brother-in-law, Moro Dimarousing, who was then the
municipal president of Kapatagan, what would happen to them if they gave
themselves up. Sometime later they gave themselves up to the Constabulary
bringing with them eight, paliuntods, one remington shotgun, and the revolver
Exhibit A.

Upon examining Seifert’s body, which was found in his boat,
serious wounds were found on his back caused by shots.

The accused Udti and Manintong No. 1, testifying in their own
behalf, said that they knew nothing about the crime. The defendants Gumagadong,
Manintong No. 2, Laoto, and Labi testified that on the morning of the incident
they were in Simpac. Laoto testified, moreover, that on that morning Moro Udti
informed him in Simpac that Moros Karadang, Solugan, Makarampat, Dumaot and Andi
had killed Seifert; that on being thus informed he went to Dumaot’s house and
there saw Karadang, Solugan, Makarampat, and Dumaot armed with three paliuntods
and the revolver Exhibit A; that at his request Karadang showed him the
mechanism of the revolver; that he then invited them to Labi’s house in Simpac
but instead of following him they escaped, leaving the revolver in his
possession; that when he returned to Labi’s house he called together all his men
and told them that he would go to see the provincial governor to give him
Seifert’s revolver, and to inform him that Andi, Karadang, Dumaot and Makarampat
had killed Seifert; that his followers begged him not to do it because if the
Constabulary saw him they might kill him, because his brother Andi was one of
those who killed Seifert; that he and his people then went to the forest to hide
themselves; that later they informed him that the Constabulary were on his track
to kill him and so he bought firearms and distributed them among his
followers.

Moro Guti, witness for the defense, testified that on the night
before Seifert’s death, he saw Moros Andi, Solugan, Makarampat and Dumaot in the
house of the last named, who was married to a cousin of his; that he found them
talking and from the conversation gathered that they intended to kill Seifert,
Karadang (alias Marcos) agreeing to commit the deed; that all took an oath; that
because he had witnessed the conversation, they made him swear also, and ordered
him to follow them so that he might not be able to denounce them to Laoto; that
Moro Karadang ordered them to leave in the early morning so Laoto would not
notice their movements; that at the middle of the road, Karadang took them to
the foot of a tree from which he took out several paliuntods wrapped in palm
leaves, and distributed them among his four companions retaining one himself;
that they arrived at Lala at dawn and went towards the school and thence to
where Seifert’s launch was moored; that at about noon Seifert went to his launch
and while he waa in it Karadang fired his paliuntod at him but missed him; that
Seifert then drew his revolver and fired at them; that Seifert and Karadang kept
on firing at each other and when Seifert turned his back to Karadang the latter
fired a shot that hit him; that when Karadang saw that Seifert was dead he and
Andi climbed on the launch shouting; that Andi took Seifert’s revolver and then
they went to Simpac; that while passing by Seifert’s wire fence Aman saw them
and fired at them; that his companions then entered the enclosure and he ran
away to tell Laoto that his aforesaid companions had killed Seifert.

Notwithstanding the denial of the defendants Udti, Gumagadong
and Manintong No. 2, the evidence clearly shows that at the instigation of one
B. F. Mabasa, and under the leadership of Moro Karadang (alias Marcos), they
went to the house of the deceased Otto Seifert (alias Kid) in the barrio of
Lala, District of Kolambugan, Province of Lanao, armed with paliuntods on the
morning in question. Having found the latter in his boat the Moro Karadang
(alias Marcos) fired several shots at him causing his instant death. They then
proceeded to their victim’s house, but thanks to the resistance put up by the
latter’s Moro servant Aman, who with his master’s shotgun fired several shots,
the assailants dispersed and fled when they saw that one of them, Moro Andi,
fell dead during the skirmish. During the fight Seifert’s servant recognized the
defendants Udti, Gumagadong, and Karadang. Maxima, the deceased’s wife, also
recognized Moros Manintong No. 2 and Labi.

With regard to Moros Laoto, Manintong No. 1 and Guti, the
record contains no evidence either direct or circumstantial that they took part
in the commission of the crime. While it is true that Laoto was the Sultan of
Kapatagan, and had influence over the accused, who were all his men, and that
when he heard that the authorities were investigating Seifert’s death, he bought
arms and fled to the mountains with his people, yet these facts are not
sufficient to establish, beyond a reasonable doubt, that he took a direct or an
indirect part in the commission of the crime, especially having explained that
the reason Why he bought the weapons and fled to the mountains with his people,
was that as he was a brother of Moros Andi, Gumagadong and Labi, he feared they
might implicate him in the commission of the crime. Considering the frequent
encounters between the Moros and the Constabulary soldiers it is not. unlikely
that Laoto, being Sultan of Kapatagan, should fear that they might suspect him,
if not of being the instigator of Otto Seifert’s death, at least of having lent
his support, on account of the differences which he had had with the deceased
concerning his ban-yard fowl. Besides, there is the circumstance that after
consulting his brother-in-law Moro Dimarousing, municipal president of
Kapatagan, he gave himself up to the Constabulary and surrendered all his
weapons.

Neither is there any direct or indirect proof that Manintong
No. 1 took part in the murder of Seifert. The only suspicious circumstance
against him is that of having followed Laoto to the mountains; but this is not
sufficient proof that he took part directly or indirectly in the commission of
the crime.

As to the defendant Guti, with the exception of his own
testimony that he was compelled by Moro Karadang to swear and follow them in
order not to be able to denounce them to Laoto and that after the skirmish he
escaped leaving his companions, there is nothing in the record to show that he
voluntarily took part in the commission of the crime. In the absence of evidence
to the contrary his exculpatory testimony must be accepted, which relieves him
of all liability.

The defendants Laoto, Guti, and Manintong No. 1 must therefore
be found not guilty, it not having been proven, beyond a reasonable doubt, that
they ever took part, either directly or indirectly, in the commission of the
crime.

With regard to the defendants Labi, Gumagadong, Manintong No. 2
and Udti, the evidence shows beyond a reasonable doubt that they conspired with
Moro Karadang to kill Otto Seifert and cooperated with him in carrying out the
object of the conspiracy, and they are, therefore, equally liable for Seifert’s
death, even though Karadang was the only one who fired the shot that caused the
death.

The acts alleged in the information and proven beyond a
reasonable doubt at the trial to have been committed by the defendants,
constitute the crime of murder denned and penalized by article 403 of the Penal
Code, the penalty provided, by law being cadena temporal in its maximum degree
to death. In imposing the penalty, the aggravating circumstances of the crime
having been committed in band, there being more than four of them and all armed,
and of evident premeditation, are to be considered, but not that of uninhabited
place which the court below considered, for from Otto Seifert’s house the
location of his boat could be seen, and his voice could be heard; there being no
extenuating circumstance to offset them, for which reason the penalty povided by
law should be imposed in’ its maximum degree, or death. But inasmuch as section
106 of the Administrative Code of the Department of Mindanao and Sulu grants the
trial court the power to lower the penalties provided in the Penal Code, and it
not appearing that said trial court abused such discretion, the appealed
judgment should be affirmed as regards defendants Labi, Gumagadong, Manintong
No. 2, and Udti.

By virtue whereof, the appealed judgment is affirmed in regard
to defendants Labi, Gumagadong, Manintong No. 2 and Udti, with the proportional
part of the costs against them, and it is reversed with regard to the defendants
Laoto, Manintong No. 1 and Guti, who are hereby acquitted on reasonable doubt,
with their proportional part of the costs de oficio. So ordered.

Avanceña, C. J., Johnson, Street, Malcolm, Villamor, Ostrand,
and Romualdez, JJ., concur.