G.R. No. L-29979 September 28, 1979
THE PEOPLE OF THE PHILIPPINES, plaintiffs-appellees, vs. MADA-I SANTALANI, TAMBUTSO PATUHIN, JAYRI JAMARI, TAMBUSONG MOHAMADSALI, SAMINDI COSING, ET. AL., defendants, TAMBUTSO PATUHIN, JAYRI JAMARI, TAMBUSONG MOHAMADSALI and SAMINDI COSING, defendants-appellants.

FACTS

On April 7, 1967, PC Sergeants Bonifacio Bonotan and Salvador Geraldo, with civilian Felix Bildera, responded to a report of dynamite fishing. They apprehended several fishermen, including appellants, and towed their two bancas toward the PC barracks. While in open sea, another motorboat carrying co-accused intercepted them. The leaders of this group, Pabling (Bisaya) and Hawaii (Badjao), attempted to negotiate the release of the arrested men. Upon failure, Pabling threw a stick of dynamite at the PC motorboat, prompting the soldiers to fire shots. Subsequently, Pabling and Hawaii threw more dynamites. Appellants Tambutso Patuhin, Tambusong Mohamadsali, and Samindi Cosing, from the towed bancas, also threw dynamite sticks at the PC motorboat. The explosions resulted in the deaths of the two sergeants and the civilian. The leaders then disposed of the bodies by throwing them into the sea.

ISSUE

The primary issue is whether the guilt of the appellants for the complex crime of Multiple Murder with Direct Assault upon Agents of Persons in Authority was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the convictions but modified the penalties. The Court upheld the trial court’s finding of conspiracy. The coordinated attack, initiated by the leaders and joined by the appellants who threw dynamites from the towed bancas, demonstrated a community of criminal purpose. Their collective action directly caused the deaths. The crime is properly classified as a complex crime under Article 48 of the Revised Penal Code, as the direct assault (upon the PC soldiers, who were agents of persons in authority) was a necessary means to commit the murders. The Court found the qualifying circumstance of treachery present, as the sudden and unexpected dynamite attack deprived the victims of any chance to defend themselves. However, the Court modified the penalties. For appellants Tambutso Patuhin, Jayri Jamari, and Tambusong Mohamadsali, the death penalty was reduced to reclusion perpetua, as the two leaders who were primarily responsible remained at large. For appellant Samindi Cosing, his minority was duly considered, and his sentence of reclusion perpetua was affirmed. The indemnity to the victims’ heirs was increased from P10,000 to P12,000 each.