The Supreme Court has sustained the Court of Appeals decision convicting an individual responsible for the car bomb explosion that hit the convoy of Maguindanao Gov. Esmael Mangudadatu in Tacurong City, Sultan Kudarat in 2015.
In a resolution, the SC’s Third Division through Associate Justice Rosmari Carandang held that accused Datu Karim Masdal’s act of causing an explosion that led to the death of Maguindanao provincial board member Datu Russman Sinsuat Sr. and a certain Raffy Pareñas constituted the complex crime of double murder, warranting the imposition of the maximum penalty for murder.
But the SC said in view of the abolition of the death penalty in the country, it has reduced the penalty of death to reclusion perpetua with no eligibility for parole.
“In the case at bar, the circumstances surrounding the fateful day of August 15, 2011, when the explosion at Alunan Highway led to the death of Parents and BM Sinsuat, show an unbroken chain of facts which establish beyond reasonable doubt Masdal’s culpability,” the high tribunal ruled.
The SC rejected the argument of Masdal that he was innocent of the charges considering that the prosecution failed to present evidence on how the bomb was detonated.
Without this vital evidence, Masdal said he should not be convicted of double murder.
Besides, Masdal insisted that a certain Montasir merely handed him a cellphone and told him to send a text message once the Mangudadatu’s convoy arrives.
According to the accused, he felt obliged to follow the instruction out of fear for his life.
However, the high court did not believe his claim since the circumstances mentioned in Article 12 of the Revised Penal Code which exempts a person from criminal liability are not present in the case.
Under the said provision, a person is exempt from criminal liability if he acts under the compulsion of an irresistible force or the impulse of an uncontrollable fear of equal or greater injury.
“To begin with, although Masdal claims that Montasir threatened him into submission, the former failed to specify the extent of the threat given by the latter. He did not mention any serious bodily harm that would have befallen him. Worse, he did not even claim that Montasir will kill him, should he refuse to obey the latter's alleged orders,” the SC said.
“This shows that Masdal's allegation of fear or duress is untenable. Clearly, under the circumstances, Masdal 's alleged fear, arising from the threat of Montasir, would not suffice to exempt him from incurring criminal liability,” it added.
The high court also affirmed the appellate court’s order for Masdal to pay P300,000 as civil, moral and exemplary damages for each of the victims.