The Court of Appeals has upheld the conviction for murder of seven members of the Abu Sayyaf terrorist group tagged behind the killing of a military asset in 2007.
In a 26-page decision written by Associate Justice Eduardo Ramos, Jr., the CA’s Seventh Division resolved that the Regional Trial Court of Taguig City did not err in imposing the penalty of reclusion perpetua (life imprisonment) without possibility of parole against accused-appellants Omar Jakarin Ibno, Hiya Arabain Hapipuddin, Muadzi Aisal Jala, Najer Daud, Omar Panagas, Jemar Malpa, and Ibrahim Misuari in connection with the killing of Jemar Bairulla.
However, the appellate court modified the trial court’s decision by increasing the civil liabilities imposed against the seven terrorists from P275,000 to P350,000, representing moral, exemplary, temperate damages, plus six percent annual interest until fully paid.
“In synthesis, the Court finds that the guilt of accused-appellants has been established, but modifies the penalties imposed by the RTC.
The evidence of the prosecution was strong enough to overcome the constitutional presumption of innocence in their favor,” the CA ruled.
“The defense has failed to refute the prosecution’s evidence. Hence, the accused- appellants must remain in prison for the rest of their lives unless age or sincere remorse unfastens their bonds,” the court said.
Case records showed that on the evening of Aug. 12, 2007, the accused-appellants together with the victim were on board a boat going to Sarong, Bataraza, Palawan.
But the group decided to stop at Tagbila Island.
All the passengers of the boat disembarked except the owner, identified as Marvin Abdusaid Nawang.
Thirty-minutes after getting off the boat, Nawang testified that he heard a gunshot and saw it came from Jakarin.
Nawang also said he saw Bairulla fall on the ground after being shot.
The accused-appellants then buried the victim’s body in the sand, but a fisherman saw it floating two days after near the shore of Putting Buhangin, Barangay Marangas, Bataraza, Palawan.
On Sept. 6, 2007, the military arrested and transported the suspects from Puerto Princesa, Palawan to a military camp in Zamboanga City for investigation.
During investigation, the suspects denied being members of the Abu Sayyaf.
They also denied the accusation that they conspired in killing Bairulla.
They claimed that they were students at Al Farouq Institute in Siksikan, Puerto Princesa, and that they were arrested without a warrant.
They accused the military of forcing them to place their thumbprints on a certain document and admit their participation in the murder.