G.R. No. 41566 . December 7, 1934.
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. SAKAM, ET AL., defendants. SAKAM and IMAM TANTALI, appellants.

FACTS

The appellants, Sakam and Imam Tantali, along with seventeen other Moros, were convicted of multiple murder for the killing of fourteen constabulary soldiers, including Lieutenant Vicente Alagar. The killings occurred on October 9, 1932, in Sulu. The attack was motivated by Sakam’s resentment over the conviction and imprisonment of his nephew, Abdullah, for murder. The group planned the attack over several meetings, swearing on the Koran to seek vengeance. They ambushed the constabulary soldiers after feigning peace, attacking while the soldiers, following Lieutenant Alagar’s order, had their arms ordered down. The trial court sentenced Sakam and Imam Tantali to death, and the case was elevated to the Supreme Court en consulta due to the death penalty.

ISSUE

Whether the trial court erred in (1) not treating appellants Sakam and Imam Tantali the same as their co-accused who received reclusion perpetua, and (2) not considering the mitigating circumstance of lack of instruction and education in their favor.

RULING

The Supreme Court affirmed the conviction but modified the penalty for Imam Tantali. The crime was attended by the aggravating circumstances of treachery and aid of armed men, with no mitigating circumstances to offset them. The claim of voluntary surrender was rejected as it was not spontaneous but due to relentless pursuit. Regarding Sakam, as the leader and principal instigator, the death penalty was proper. However, for Imam Tantali, who was merely a follower, the Court, due to a lack of unanimity on imposing death, reduced his penalty to reclusion perpetua in accordance with Article 47 of the Revised Penal Code. The indemnity to the heirs of the victims was affirmed.

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