People vs.

Siyoh L- 57292 FACTS > Julaide Siyoh and Omarkyam Kiram, together with Namli Indanan and Andaw Jamahali were accused of qualified piracy with triple murder and frustrated murder > On July !, "#", Antonio de $u%man together with his friends who were also tra&elling merchants like him '(anilo )iolen* +odolfo de ,astro and Anastacio de $u%man- were on their way to .ilas Island, .ro&ince of /asilan, to sell goods they recei&ed from Al0erto Aurea* > 1hey left for .ilas Island at 23!! p*m* of July !, "#" on a pump0oat* 1hey took their dinner and slept that night in the house of Omar4kayam Kiram at .ilas Island* 5ho also helped them from selling their goods to different Islands near .ilas* > /efore the incident happened, Antonio, the lone sur&i&or saw that Kiram was talking with another two persons that he can only recogni%e in their faces somewhere near the house where they were selling the goods > On July 6, "#", 5hen they were heading 0ack to .ilas Island from /aluk4/aluk Island through riding a pump0oat where Siyoh positioned himself at the front while Kiram operated the engine* > On the way to .ilas Island, Antonio de $u%man saw another pump0oat painted red and green a0out 2!! meters away from their pump0oat Shortly after7 Kiram turned off the engine of their pump0oat* 1hereafter two shots were fired from the other pump0oat as it mo&ed towards them > 1here were two persons on the other pump0oat who were armed with armantes* (e $u%man recogni%ed them to 0e the same persons he saw Kiram con&ersing with in a house at /aluk4/aluk Island* > 5hen the 0oat came close to them, Kiram threw a rope to the other pump0oat which towed de $u%man8s pump0oat towards 9ata:a Island* > On the way to 9ata:a Island, Antonio de $u%man and his companions were di&ested of their money and their goods 0y Kiram* 1hereafter Kiram and his companions ordered the group of de $u%man to undress* 1aking fancy on the pants of Antonio de $u%man, Kiram put it on* > 5ith e&ery0ody undressed, Kiram said 8It was good to kill all of you8* After that remark, Siyoh hacked (anilo )iolen while Kiram hacked +odolfo de ,astro* Antonio de $u%man :umped into the water* As he was swimming away from the pump0oat, the two companions of Kiram fired at him, in:uring his 0ack* /ut he was a0le to reach a mangro&e where he stayed till nightfall* 5hen he left the mangro&e, he saw the dead 0odies of Anastacio de $u%man, (anilo )iolen and +odolfo de ,astro* )e was picked up 0y a fishing 0oat and 0rought to the .hilippine Army station at 9aluso where he recei&ed first aid treatment* ;ater he was 0rought to the J*S* Alano 9emorial )ospital at Isa0ela, /asilan pro&ince* > On July <, "#", while waiting for the dead 0odies of his companions at the wharf, de $u%man saw Siyoh and Kiram* )e pointed them out to the ., and the two were arrested 0efore they could run* 5hen arrested, Kiram was wearing the pants he took from de $u%man and de $u%man had to ask .at* /aya0as at the .ro&incial Jail to get 0ack his pants from Kiram ISS=>3 5oN the respondent4appellants are guilty 0eyond reasona0le dou0t? ,ON1>N1IONS O@ A..>;;AN1S * Since it was contested 0y appellants that there guilt was not pro&en 0eyond reasona0le dou0t since the prosecution did not present e&idence that the accused were also the one who killed Anastacio de $u%man 0ecause his remains are ne&er reco&ered* 2* 1he ,redi0ility of the 5itnessAsince only witness was presented 3. Appellants claim 'Siyoh and Kiram- that they were not the assailants 0ut also the &ictim )>;(3 1hey were said to 0e guilty 0eyond reasona0le dou0t of qualified piracy with triple murder and frustrated homicide +A1IONA;> * Num0er of persons killed on the occasion of piracy, not materialB .iracy, a special compleC crime punisha0le 0y deathA0ut the num0er of persons killed on the occasion of piracy is not material* .( <D2 considers qualified piracy as a special compleC crime punisha0le 0y death* 1herefore, the guilt of respondent were pro&en 0eyond reasona0le dou0t* 2* 1here was no other e&idence presented on why should the lone sur&i&or tell lies and fa0ricate story as to apprehend the accused* D* Appellants claim that they were not the assailants 0ut also the &ictim and that the two persons they ha&e identified 'Namli Indanan and Andaw Jamahali- is 0aseless as &iew in the pro&en conspiracy among the accused* 1he ,onspiracy was esta0lished through the testimony of the lone witness and sur&i&or4 (e $u%man