Thursday, July 10, 2008 CA upholds 3 Sayyaf bandits' murder conviction
THE Court of Appeals (CA) has affirmed the guilty verdict meted on three Abu Sayyaf Group (ASG) members in connection with the bombing of a passenger bus in Makati City on Valentine's Day of 2005.
The rebels appealed the ruling of the Makati Regional Trial Court (RTC) in connection with the bombing of a passenger bus in Makati City on Valentine's Day of 2005.
Accused-Appellants Gamal Baharan alias Tapay, Angelo Trinidad alias Abu Khalil, and Indonesian Rohmat Abdurrohim alias Jackie/Zaky have appealed the Makati RTC Branch 60's October 18, 2005 order finding them guilty of the complex crime of multiple murder and multiple frustrated murder and sentencing them to suffer the penalty of death.
Also charged in absentia were the late ASG leader Khaddafy Janjalani, Gappal Bannah Asali alias Maidan or Negro, Jainal Sali alias Abu Solaiman and other John and Jane Does. Asali later on turned state witness.
The so-called Valentine's Day bombing incident left four persons dead and 64 persons injured after the suspects planted an improvised bomb inside an RRCG bus plying the southbound Edsa route.
The explosion took place near the crowded Ayala station of the Metro Rail Transit at 7:30 p.m.
In a decision penned by Associate Justice Edgardo Sundiam, the CA 17th Division upheld the findings of guilt of the accused but modified the trial court's death sentence to reclusion perpetua, with no possibility of parole.
"While we are convinced that accused-appellants are guilty beyond doubt of the crimes charged. We cannot impose the penalty of death on them in view of Republic Act 9346 prohibiting the imposition of the death penalty and reducing it to the penalty of reclusion perpetua without eligibility of parole," the CA said.
Two of the accused, Baharan and Trinidad, have confirmed their roles in the attack during interviews they gave to ABS-CBN news network admitting their participation in the crime. They later on entered a guilty plea before the RTC.
The appellate court did not give merit on the claims of Baharan and Trinidad that the trial court failed to explain to them the consequences of their guilty plea, nor was there any indication that their pleas were entered involuntarily due to the coaxing of their lawyers or that the judge threatened them with physical harm.
The CA said the third accused, Abdurrohim who denied the allegations, should be held liable although no direct evidence show that he agreed to commit the crime. It noted that his defense consisted mainly of his self-serving testimony.
"His (Abdurrohim) acts before and after the bombing incident evidence a commonality in the design sufficient to make him a co-conspirator thereto," the CA said.
The court gave weight on the testimony of Asali that he prepared the bombs and facilitated the commission of the crime upon the instruction of Abdurrohim, who personally trained him in making explosives.
Asali said he received a call from Abdurrohim telling him that the explosives given to Trinidad would be used for their "first mission."
The CA also gave merit to the testimony of bus conductor Elmer Andales who positively identified Baharan and Trinidad as the two passengers who got off the Ayala station in a hurry.
Baharan, Trinidad and Abdurrohim were held to be liable to pay P50,000 each or P400,000 for all four victims who died and civilly liable for damages of P1 million.
The four who died during the incident were Jose Marie Dajulong, Rosario Mercado, Bernardo Rosarito and Ronnie Soriano. (ECV/Sunnex)
