1-4-2024 (MANILA) The Court of Appeals (CA) has upheld the murder conviction of seven alleged Abu Sayyaf Group (ASG) members for the killing of a military asset in 2007. In a decision promulgated on March 20, 2024, the 7th Division of the court denied the appeal of Omar Jakarin Ibno, Hiya Arabain Hapipuddin, Muadzi Aisal Jala, Najer Daud, Omar Panagas, Jemar Malpa, and Ibrahim Misuari.
The court affirmed the 2019 decision of the Taguig City Regional Trial Court Branch 266, which sentenced them to reclusion perpetua. However, the CA modified the RTC’s decision and sentenced the accused to reclusion perpetua without eligibility for parole.
According to the CA, the prosecution’s evidence was strong enough to overcome the presumption of innocence in favor of the accused. “Hence, the accused-appellants must remain in prison for the rest of their lives unless age or sincere remorse unfastens their bonds,” stated the decision penned by Associate Justice Eduardo Ramos, Jr.
The court further noted that the defense failed to refute the prosecution’s evidence.
The case stemmed from an information filed before the RTC in 2007, which alleged that the accused assaulted, attacked, and repeatedly shot to death Jemar Bairulla. Bairulla was believed to be a military asset, and upon discovering his identity, the group planned to kill him.
The accused, however, denied the accusations and questioned the credibility of the government’s witness, a pump boat operator hired by the group to transport the victim to an isolated location. They also denied being members of the Abu Sayyaf, claiming that most of them were only studying Islamic religion and Arabic at the Al Farouq Institute in Puerto Princesa City, along with the victim.
Additionally, they claimed that they were maltreated by the authorities and forced to make extra-judicial confessions.
However, the RTC found the witness credible based on his demeanor, conduct, and attitude during the examination in open court. The CA stated, “Other than their self-serving statements that they were maltreated by the authorities, they did not present any plausible proof to substantiate their claims.”
The CA’s decision upholding the murder conviction of the seven alleged ASG members underscores the strength of the prosecution’s evidence and the credibility of the government’s witness. The accused will now serve reclusion perpetua, without the possibility of parole, for the rest of their lives, unless mitigating circumstances such as age or sincere remorse arise.
