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L- 57292


Julaide Siyoh and Omarkyam Kiram, together with Namli Indanan and Andaw Jamahali were
accused of qualified piracy with triple murder and frustrated murder.

Rodlfo de Castro, Danilo Hiolen, Anastacio De Guzman and Antonio de Guzman are merchants
sailing from island to island to sell their merchandises, with the help of fellow merchants
(Accused) Siyoh and Kiram.

On a later date, the group were riding a pumpboat heading to Pilas Island. Kiram stop the
pumpboat. Two shots were fired from the another pumpboat as it moved towards them. Two
people (Indanan and Jamahali) from the other pumpboat boarded inside the pumpboat of the
merchant group and take, steal and carry away all their belongings amounting to P18, 342.00.

The merchants (excluding Kiram and Siyoh) were ordered to jump in the water and fired their
guns at them which caused the death of the three while Antonio de Guzman was able to swim
to the shore and hid himself. On July 15, 1979, while waiting to retrieve the bodies, Antonio saw
Kiram (wearing the pants of the De Guzman) and Siyoh. He pointed them out to the Police and
was captured.


1. Their guilt was not proven beyond reasonable doubt since the prosecution did not present
evidence that the accused were also the one who killed Anastacio de Guzman because his
remains are never recovered.; 2. There is only one witness that was presented. ; 3. Siyoh and
Kiram claimed were not the assailant but also the victim.

They are guilty beyond reasonable doubt of qualified piracy with triple murder and frustrated

1. Number of persons killed on the occasion of piracy, not material; Piracy, a special complex
crime punishable by death—but the number of persons killed on the occasion of piracy is not
material. PD 532 considers qualified piracy as a special complex crime punishable by death.
Therefore, the guilt of respondent was proven beyond reasonable doubt.

2. There was no other evidence presented on why should the lone survivor tell lies and fabricate
story as to apprehend the accused.

3. Appellants claim that they were not the assailants but also the victim and that the two persons
they have identified (Indanan and Jamahali) is baseless as view in the proven conspiracy
among the accused. The Conspiracy was established through the testimony of the lone witness
and survivor- De Guzman