People Of The Philippines v. Monga"

ABAD SANTOS, J.:

In the Court of First Instance of Cotabato, Branch VI, at Cotabato City, MONGA GANI, GENTEM KINTUAN, GUIABAR KINTUAN, MAMA GANTO and MAMA KASIM were accused of theft of large cattle said to have been committed on January 28, 1978. The case was docketed as Criminal Case No. 24. In the same court, the aforementioned persons were also accused of robbery in band with homicide and multiple attempted homicide said to have been committed also on January 28, 1978.

The case was docketed as Criminal Case No. 25. On November 21, 1978, the trial court issued the following order in Criminal Cases Nos. 24 and 25: When these cases were called for trial today, Fiscal Ismael G. Bagundang appeared for the state and manifested that he had submitted a motion for consolidation of criminal cases nos. 24 & 25, it appearing that these cases were committed on the same day, and attached to said motion is the amended information consolidating the two criminal cases.

He also Manifested that in view of said motion he is moving for the dismissal of criminal case No. 24. On the other hand Atty. Mama P. Masukat appeared for the defense and interposed no objection to the motion for consolidation of criminal cases nos. 24 & 25 and the dismissal of criminal case no.

24, it being already included in criminal case no. 25. WHEREFORE, finding the said motion to be well taken and there being no objection on the part of the defense counsel, the motion for consolidation is hereby granted.

Criminal case no. 24 is hereby ordered dismissed. ...

As a result of the above-quoted order the accused were tried pursuant to an amended information which reads as follows: Undersigned lst Asst. Provincial Fiscal accuses Monga Gani, Gentem Kintuan, Guiabar Kintuan, Mama Ganto and Mama Kasim of the crime of Robbery In Band with Homicide and Multiple Attempted Homicide committed as follows: That on or about January 28, 1978 in Barangay Lower Katidtuan, Municipality of Sultan Kudarat, Province of Maguindanao, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused in company with Kamidon Sawir, Kasim Sawir, Meto Tayoba, Namra Pasawiran and Panungiring Mama who are still at large, all armed with different assorted high-power guns conspiring, confederating and helping one another and without any justifiable cause, (did) then and there willfully, unlawfully and feloniously and with intent of gain and with the use of force, violence and intimidation against person and force upon things, took, and carried away the following personal properties: Cash amounting to P13,000.00; clothings valued at P240.00; 1 gold bracelet valued at Pl,000.00; 1 piece of gold necklace valued at P500.00; 1 piece of gold button valued at P500.00; 2 sacks of clean rice valued at P190.00; 4 pieces of cooking pot valued at P120.00; 1 piece of eyeglass (Rayban) valued at P70.00; I belt valued at P60.00; 2 pairs of leather shoes valued at P260.00; 17 heads of live chickens valued at P170.00; 1 unit banca valued at P350.00 or a total amount of P17,460.00 Philippine Currency, to the damage and prejudice of the owners thereof in the aforestated amount of P17,460.00 Philippine Currency, 3 heads of female carabaos valued at P1,500.00 each or a total value of P4,500.00 Philippine Currency, belonging to Pablo Ugalingan to the damage and prejudice of the said Pablo Ugalingan in the aforestated amount of P4,500.00 Philippine Currency, and in pursuant to their conspiracy, did then and there willfully, unlawfully and feloniously attack, assault and fire with their high-powered assorted guns the persons of Dindang Sultan, Pablo Ugalingan, Albano Ugalingan Quezon Ugalingan and Shariff Ugalingan, hitting Dindang Sultan on the different parts of her body causing her instantaneous death but Pablo Ugalingan and Shariff Ugalingan were not hit because of the timely escape they did while the shooting took place thereby commencing the act of executing which will produce it by reasons or causes other than the spontaneous desistance of the perpetrators.

On November 21, 1978, Monga Gani, Gentem Kintuan, Mama Ganto and Mama Kasim were re-arraigned and each of them entered the plea of not guilty to the amended information. Guiabar Kintuan entered a similar plea on November 27, 1978. On July 23, 1979, after the prosecution had presented its evidence, Guiabar Kintuan escaped from the Provincial Jail.

Monga Gani, Gentem Kintuan and Mama Ganto also escaped together with other prisoners on January 30, 1980, after the presentation of the third witness for the defense. Only Mama Kasim was thus left during the rest of the trial which resulted in the following judgment: WHEREFORE, in view of the foregoing consideration, this Court finds the accused Monga Gani alias 'Comdr. Monga', Guiabar Kintuan, Gentem Kintuan, Mama Ganto and Mama Kasim GUILTY beyond reasonable doubt of the crime of Robbery in Band with Homicide as defined and penalized under Article 294 of the Revised Penal Code in relation to Article 296 of the same code.

Considering that the crime was committed by an armed band (Article 14 (6)) with a well synchronized plan to pursue a common objective (Article 14 (13)) and the accused having been previously convicted by final judgment of the crime of Robbery in Band (Article 14 (9)) without being offset by any mitigating circumstance, this Court sentences the accused MONGA GANI alias "COMDR. MONGA", GENTEM KINTUAN, GUIABAR KINTUAN, MAMA GANTO and MAMA KASIM to suffer the extreme penalty of DEATH and to indemnify jointly and severally the heirs of the deceased Dindang Sultan in the amount of P12,000.00 and another P17,460.00 representing the value of the property taken, with no subsidiary imprisonment in case of insolvency and to pay the cost. Counsel for the appellants has not raised the legality of the judgment against the accused who escaped during the trial but to set this matter at rest, We quote the last sentence of Art. IV, Sec. 19 of the Constitution as follows: "...

after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustified." The People's version of the incident is as follows: The incident subject matter of this case happened at Barangay Lower Katidtuan, Municipality of Sultan Kudarat, Province of Maguindanao. At about 7:00 a.m.

on January 28, 1978, Dindang Sultan and her three (3) sons, Pablo, Quezon and Shariff, all surnamed Ugalingan, were walking on a dike at their rice farm. While thus occupied, they saw two (2) groups of men with long fire arms and numbering more than twenty (20) in all. One grouPwas about fifty (50) meters away and included appellants Monga Gani alias 'Comdr.

Monga', Guiabar Kintuan, Mama Ganto, Gentem Kintuan, and Mama Kasim.

The other group was about sixty (60) meters away and included Kamidon Sawir, Meto Tayuba, Kasim Sawir, Namra Pasawiran and Panungiring Mama, who were not apprehended even after the incident. Without speaking a word to Dindang Sultan and her three (3) sons, the two (2) groups of armed men fired at them, hitting Dindang Sultan, at which she fell to the ground. The three (3) brothers retreated, Quezon and Shariff ahead of Pablo who hid amid rice stalks on a dike about forty (40) meters from the spot where they had been fired upon.

From there, he (Pablo) saw the armed men approach his fallen mother, firing at her from a distance of five (5) meters. On their part, Quezon and Shariff, upon reaching a place where there were tall grasses, stopped and observed the armed men as they continued firing at their mother. Fearing that the armed men might find them momentarily, the three (3) brothers continued their escape.

Upon reaching their houses they saw their families already in flight and thus spent the day at the house of their uncle, who was the Barangay Captain of Lower Katidtuan. The following day January 29, 1978, Pablo, Quezon and Shariff returned to the place where they had been attacked. There they found the body of their mother, Dindang Sultan, floating on the water.

She had more than ten (10) gunshot wounds on her body and a hack wound on her right thigh. She was further found to have been divested of the P3,000.00 cash she was then carrying and a gold button valued at P500.00. Pursuant to Muslim custom, her body was given the holy bath (i.e.

it was cleaned), prayers were said for her inside a mosque, and she was buried on the same day, January 29, 1978. Upon returning to their homes, the Ugalingan family found the following as missing therefrom: ARTICLE VALUE (a) one (1) Mobil gas stove P200.00 (b) One (1) Petromax lamP 200.00 (c) one (1) suitcase of clothing 4,000.00 (d) 'Three (3) heads, carabao 4,000.00 (e) Sacks of rice 100.00 (f) Two (2) pairs, shoes 260.00 (g) One (1) Rayban sunglasses 60.00 (h) One (1) belt 60.00 (i) seventeen (I 7) heads chicken 170.00 (j) Fifty (50) sacks, palay 2,000.00 (k) One (1) banca 350.00 (l) Four (4) pieces pots 40.00 (m) One (1) gold bracelet. 1,000.00 (n) One (1) necklace 500.00