G.R. Nos. 100901-08 - THE PEOPLE OF THE PHILIPPINES, VS. JAILON KULAIS, CARLOS FALCASANTOS @ “COMMANDER FALCASANTOS,” AWALON KAMLON HASSAN @ “COMMANDER KAMLON,” MAJID SAMSON @ “COMMANDER BUNGI,” JUMATIYA AMLANI DE FALCASANTOS, NORMA SAHIDDAN DE KULAIS, SALVADOR MAMARIL Y MENDOZA, HADJIRUL PLASIN Y A

Ruling

WHEREFORE, above premises and discussion taken into consideration, this Court renders its judgment, ordering and finding: 1. FREDDIE MANUEL, alias AJID and IMAM TARUK ALAH y SALIH [n]ot [g]uilty of the eight charges of [k]idnapping for [r]ansom and for [k]idnapping, their guilt not having been proved beyond reasonable doubt. Their immediate release from the City Jail, Zamboanga City is ordered, unless detained for some other offense besides these 8 cases (Crim. Cases Nos. 10060-10067). 2. JAINUDDIN HASSAN y AHMAD, JAILON KULAIS, SALVADOR MAMARIL y MENDOZA and HADJIRUL PLASIN y ALIH [g]uilty as principals by conspiracy in all these 8 cases for [k]idnapping for [r]ansom and for [k]idnapping (Crim. Cases Nos. 10060-10067). Their guilt is aggravated in that they committed the 8 offenses with the aid of armed men who insured impunity. Therefore, the penalties imposed on them shall be at their maximum period. WHEREFORE, for the five charges of [k]idnapping for [r]ansom, and pursuant to Art. 267 of the Revised Penal Code, five life imprisonments are imposed on Jainuddin Hassan y Ahmad, Jailon Kulais, Salvador Mamaril y Mendoza and Kadjirul Plasin y Alih (Crim. Cases Nos. 10060-10064). For kidnapping Mrs. Virginia San Agustin-Gara, a female and public officer and pursuant to Art. 267, Revised Penal Code (par. 4.), another life imprisonment is imposed on Jainuddin Hassan y Ahmad, Jailon Kulais, Salvador Mamaril y Mendoza and Hadjirul Plasin y Alih (Crim. Case No. 10066) For kidnapping Monico Saavedra y Limen, and Calixto Francisco y Gaspar, and their kidnapping not having lasted more than five days, pursuant to Art. 268, Revised Penal Code, and the Indeterminate Sentence Law, the same four accused - Jainuddin Hassan y Ahmad, Jailon Kulais, Salvador Mamaril y Mendoza and Hadjirul Plasin y Alih - are sentenced to serve two (2) jail terms ranging from ten (10) years of prision mayor as minimum, to eighteen (18) years of reclusion temporal as maximum (Crim. Cases Nos. 10065 and 10067). 3. JAMATIYA AMLANI DE FALCASANTOS [n]ot [g]uilty in the three charges of [k]idnapping and she is acquitted of these charges. (Crim. Cases Nos. 10065, 10066 and 10067). But Jumatiya Amlani de Falcasantos is [g]uilty as accomplice in the five charges of [k]idnapping for [r]ansom. WHEREFORE, Jumatiya Amlani de Falcasantos is sentenced to serve five (5) imprisonments, ranging from TEN (10) YEARS of prision mayor as minimum to EIGHTEEN (18) YEARS of reclusion temporal as maximum (Crim. Cases Nos. 10060-10064). 4. NORMA SAHIDDAN DE KULAIS, 18 years old, and JALIHA HUSSIN (charged as Jalina Hassan de Kamming), 15 years old, [n]ot [g]uilty in the three charges for [k]idnapping and are, therefore, ACQUITTED of these three charges. (Crim. Cases Nos. 10065, 10066 & 10067). But Norma Sahiddan de Kulais and Jalina Hussin are found [g]uilty as accomplices in the five charges for [k]idnapping for [r]ansom. Being minors, they are entitled to the privileged mitigating circumstance of minority