people v siyoh

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  • 8/12/2019 People v Siyoh

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    PEOPLE V. SIYOH

    Topic: Piracy

    FACTS:>Julaide Siyoh and Omarkyam Kiram, together with Namli Indanan and Andaw Jamahali were

    accued o! "uali!ied #iracy with tri#le murder and !rutrated murder

    > On July $%, $&'&, Antonio de (u)man together with hi !riend who were alo tra*ellingmerchant like him +anilo -iolen. /odol!o de Catro and Anatacio de (u)man0 were on their

    way to 1ila Iland, 1ro*ince o! 2ailan, to ell good they recei*ed !rom Al3erto Aurea.

    > They le!t !or 1ila Iland at 4:%% #.m. o! July $%, $&'& on a #um#3oat. They took their dinnerand le#t that night in the houe o! Omar5kayam Kiram at 1ila Iland. 6ho alo hel#ed them

    !rom elling their good to di!!erent Iland near 1ila.

    > 2e!ore the incident ha##ened, Antonio, the lone ur*i*or aw that Kiram wa talking with

    another two #eron that he can only recogni)e in their !ace omewhere near the houe wherethey were elling the good

    > On July $7, $&'&, 6hen they were heading 3ack to 1ila Iland !rom 2aluk52aluk Iland

    through riding a #um#3oat where Siyoh #oitioned himel! at the !ront while Kiram o#erated the

    engine.> On the way to 1ila Iland, Antonio de (u)man aw another #um#3oat #ainted red and green

    a3out 4%% meter away !rom their #um#3oat Shortly a!ter8 Kiram turned o!! the engine o! their#um#3oat. Therea!ter two hot were !ired !rom the other #um#3oat a it mo*ed toward them

    > There were two #eron on the other #um#3oat who were armed with armante. e (u)man

    recogni)ed them to 3e the ame #eron he aw Kiram con*ering with in a houe at 2aluk52aluk Iland.

    > 6hen the 3oat came cloe to them, Kiram threw a ro#e to the other #um#3oat which towed de

    (u)man9 #um#3oat toward ata;a Iland.

    >On the way to ata;a Iland, Antonio de (u)man and hi com#anion were di*eted o! theirmoney and their good 3y Kiram. Therea!ter Kiram and hi com#anion ordered the grou# o! de

    (u)man to undre. Taking !ancy on the #ant o! Antonio de (u)man, Kiram #ut it on.> 6ith e*ery3ody undreed, Kiram aid 9It wa good to kill all o! you9. A!ter that remark, Siyohhacked anilo -iolen while Kiram hacked /odol!o de Catro. Antonio de (u)man ;um#ed into

    the water. A he wa wimming away !rom the #um#3oat, the two com#anion o! Kiram !ired at

    him, in;uring hi 3ack. 2ut he wa a3le to reach a mangro*e where he tayed till night!all. 6henhe le!t the mangro*e, he aw the dead 3odie o! Anatacio de (u)man, anilo -iolen and

    /odol!o de Catro. -e wa #icked u# 3y a !ihing 3oat and 3rought to the 1hili##ine Army

    tation at aluo where he recei*ed !irt aid treatment. On July $=, $&'&, while waiting !or the dead 3odie o! hi com#anion at the whar!, de

    (u)man aw Siyoh and Kiram. -e #ointed them out to the 1C and the two were arreted 3e!ore

    they could run. 6hen arreted, Kiram wa wearing the #ant he took !rom de (u)man and de(u)man had to ak 1at. 2aya3a at the 1ro*incial Jail to get 3ack hi #ant !rom Kiram

    ISS?: 6oN the re#ondent5a##ellant are guilty 3eyond reaona3le dou3t@

    -?

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    material. 1 =D4 conider "uali!ied #iracy a a #ecial com#leB crime #uniha3le 3y

    death.There!ore, the guilt o! re#ondent were #ro*en 3eyond reaona3le dou3t.

    4.There wa no other e*idence #reented on why hould the lone ur*i*or tell lie and !a3ricatetory a to a##rehend the accued.

    D.A##ellant claim that they were not the aailant 3ut alo the *ictim and that the two #eron

    they ha*e identi!ied +Namli Indanan and Andaw Jamahali0 i 3aele a *iew in the #ro*encon#iracy among the accued. The Con#iracy wa eta3lihed through the tetimony o! the

    lone witne and ur*i*or5 e (u)man