EN BANCG.R. Nos. L-14626-27 February 28, 1961THE PEOPLE OF THE PHILIPPINES,plaintiff-appellee, vs.MOROS AMAJUL, ALBANI, ASAKIL, WADJA MADJID, AMDAD and LAHUD,defendants-appellants.Office of the Solicitor General for plaintiff-appellee.Eugenio K. Akim for defendants-appellants.REYES, J.B.L., J.:In Criminal Case No. 1279 of the Municipal Court of City of Basilan, Yakan Djalalang, Moros Salahuddin, Djalim, Hamiddin alias Sauril, Asakil, Sahadain, Amajul, Albani, Musa, Lahud, Wadja Madjid and Amdad were accused of thecrime of robbery in band with murder and frustrated murder. In another information(Criminal Case No. 1280), the same accused were charged in the same court with robbery in band with murder.When elevated to the Court of First Instance of Basilan City, the two cases were docketed as Criminal Cases Nos. 317 and 318, respectively. Of the accused, Moros Salahuddin, Sahadain and Musa remain at large, while Yakan Dialalang, although earlier apprehended, escaped from the Basilan City jail during the pendency of the cases in the Court of First Instance. When arraigned, Moros Djalim and Hamiddin pleaded guilty to both charges; the rest of the accused, however, pleaded innocence.After a joint trial as to Wadja Madjid, Asakil, Albani, Lahud, Amajul and Amdad, the trial court rendered judgment of conviction, as follows:IN VIEW THEREOF, this Court is of the opinion and is holds that the guilt of all the accused, Wadja Madjid, Asakil Albani, Lahud, Amajul and Amdad have been proved beyond reasonable doubt. They are all guilty as principals of the offenses charged in Criminal Cases Nos. 317 and 318.The offenses for which they are charged are defined and punished under Art. 294, paragraph 1 of the Revised Penal Code considering the aggravating circumstance of having committed the offenses in band and being offset by their lack of instruction the penalty that should be imposed upon each of the accused isRECLUSION PERPETUA for each offense.The Court, therefore, sentences each and everyone. of the accused, Wadja Madjid, Asakil, Albani, Lahud, Amajul and Amdad, to suffer the penalty of RECLUSION PERPETUA for the crime of Murder and Frustrated Murder and Robbery committed in the ambush of Western Mindanao Lumber Co. jeep on February 15, 1956,as charged in Criminal Case No. 317.This Court likewise sentences each and everyone of the accused, Wadja Madjid, Asakil, Albani, Lahud, Amajul and Amdad, to suffer the penalty of RECLUSION PERPETUA for the death of Alejandro Omoso and robbery committed in the ambush of the AC jeep No. 2416 on February 15, 1956, as charged in Criminal Case No. 318.All the accused in Criminal Case No. 318 shall solidarily indemnify the heirs of the deceased Gerundio Achasthe amount of P6,000.00 and P50.00 for his wrist watch. All the accused are likewise solidarity sentenced torestore the total amount of P10,400.00 to the Western Mindanao Lumber Co.; P90.00 to Midonia Ortega; and P20.00 to Cayetana Macansantos, less the amount thus recovered and confiscated from the accused, and the accused shall solidarity indemnify the amount of P1,000.00 to Pedro Morados for the injuries he sustained by the gunshot in the ambush; and with the proportionate costs of these proceedings.