GR L 15581; (April, 1963) (Digest)
G.R. No. L-15581; April 29, 1963
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MOROS TANJI AMBRAN, ET AL., defendants, MOROS SAHIBUL, ISMAEL, MUKBAND, HATIB AJAK and ARBANI, defendants-appellants.
FACTS
The prosecution’s evidence established that on the morning of December 29, 1957, the victim Moro Mangao, along with his brother Balais and cousin Awali, were ambushed while walking to their field in Bohe-Canas, Basilan City. The appellants, together with Tanji Ambran and others totaling eleven individuals, intercepted and attacked the group. Witnesses Balais and Awali testified they saw Tanji Ambran spear Mangao, after which the other assailants joined in hacking him. The witnesses fled and later found Mangao’s body. Their account was corroborated by Parat Yakan, who witnessed the ambush from a distance and identified the appellants among the attackers. Parat suggested a motive, stating Tanji resented Mangao for previously guiding a search for a lost carabao onto Tanji’s land.
The defense, principally through Tanji Ambran who admitted the killing but did not appeal, presented a contradictory narrative. Tanji claimed he acted alone, having surprised Mangao allegedly assaulting his wife inside their house, leading to a fight where he killed Mangao with a spear. His wife corroborated this story. The other appellants denied participation, alleging they were elsewhere fishing or buying fish at the time of the incident.
ISSUE
The core issue is whether the guilt of the appellants (Sahibul, Ismael, Mukband, Hatib Ajak, and Arabani) for the crime of murder was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court found the defense version, particularly Tanji’s claim of a solitary killing inside his home, to be irreconcilable with the physical evidence and the established location of the crime. The post-mortem examination revealed nineteen wounds on Mangao’s body, indicative of a concerted attack by multiple assailants, not a single combatant. Furthermore, the body was discovered at a road intersection, a significant distance from Tanji’s house, which aligned with the prosecution’s account of an ambush and contradicted the defense’s domestic altercation story.
The Court held that the positive identification of the appellants by three eyewitnesses, who knew them, was credible and conclusive. The testimonies were consistent and supported by the number and nature of the wounds and weapons found at the scene. The alibis of the other appellants were deemed weak, as the places they claimed to be were not so distant as to preclude their presence at the ambush site. The Court concluded that all appellants conspired in the attack. The killing was characterized by alevosia (treachery) and aggravated by superior strength, constituting murder. Considering the Solicitor General’s recommendation and the cultural context regarding the gravity of such crimes among Moros, the penalty of reclusion perpetua was affirmed.
