CA affirms conviction of 7 Abu Sayyaf members

The Court of Appeals (CA) has affirmed the decision of a Taguig court that found seven members of the Abu Sayyaf terrorist group guilty for the murder of an alleged military asset in 2007.

In a 26-page decision promulgated in March, the CA Seventh Division affirmed with modification the ruling of the Taguig court that sentenced Omar Ibno, Hiya Hapipuddin, Muadzi Jala, Najer Daud, Omar Panagas, and Ibrahim Misuari to reclusion perpetua without eligibility for parole.

The appellate court ordered the convicts to pay the heirs of Jemar Bairulla P50,000 in temperate damages, P100,000 in civil indemnity, P100,000 in moral damages, and P100,000 in exemplary damages with an interest rate of 6% per annum.

“The evidence of the prosecution was strong enough to overcome the constitutional presumption of innocence in their favor. The defense has failed to refute the prosecution’s evidence,” the CA said.

“Hence, the accused appellants must remain in prison for the rest of their lives unless age or sincere remorse unfastens their bonds,” it added.

In August 2007, the seven were accused of conspiring with each other to attack and repeatedly shoot Bairulla, who was also part of the Abu Sayyaf group.

The convicted individuals denied that they were Abu Sayyaf members and that they conspired with each other to kill the victim. They claimed that they were students who were arrested without a warrant and were forced to admit to the killing.

The regional trial court, however,  found that they conspired with one another and acted on a specific role in the furtherance of their objective. 

It also rejected their claim that they were tortured and forced into making an admission, saying these assertions were belied by the fact that they did not file any criminal or administrative case against the police officers.

In its ruling, the CA found that the conduct of the accused before, during, and after the crime “demonstrated conspiracy on their part and they all had an equal hand in the killing of the victim.”

“They brought him to Tagbila Island, mortally wounded him by shooting him with their guns, participated in the disposal of his lifeless body, and then went home together after the gruesome incident,” it said.

“Conspiracy among accused-appellants existed. It is thus becomes inconsequential to prove who delivered the death blow considering conspiracy was implied from their actions thereby making the act of one, the act of all,” it also said. —KBK, GMA Integrated News