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Saturday, February 28, 2004
Janjalani convicted for Schilling kidnapping
By Benjamin B. Pulta
MANILA -- The Pasig Regional Trial Court (RTC) Friday sentenced Abu Sayyaf leader Hector Janjalani and a fellow member of the notorious Moro group to life imprisonment for the abduction of American national Jeffrey Schilling in Patikul, Sulu, in August 2000.
The Arroyo administration and US officials welcomed the court decision.
In a 22-page decision, the Pasig RTC 156 Judge Alex Quiros sentenced Janjalani and his co-accused, Muhammad Amin Ajijon, to reclusion perpetua or 20 to 40 years in prison for kidnapping and serious illegal detention. Both are members of the notorious Abu Sayyaf Group.
Pasig RTC 156 Clerk of Court Albert Lavandero said the court was compelled to impose the imprisonment sentence instead of the death penalty because the matter about the ransom "had not been alleged by the prosecution."
"Normally under the death penalty law, kidnapping for ransom should be punished
by death, but the fact that ransom was demanded must be made in the criminal information against the accused, but prosecutors, however, only alleged that the detention took more than three days."
"No amended information was likewise filed by the prosecution regarding the ransom," Lavandero added.
Presidential Spokesman Ignacio Bunye said the government welcomed the conviction of Janjalani and others involved in the Schilling kidnapping.
Bunye said the court's decision puts an end to "one of the important episodes in the history of our country."
"We believe that justice has been served with the conviction of the perpetrators. So let this serve as a fair warning to all those who are thinking of harming our people. They can do it, but they will not be able to get away from the long arm of the law," Bunye said.
US officials, on the other hand, said they are elated by the conviction.
Acting Justice Department Secretary Ma. Merceditas Gutierrez said Friday "the FBI and US attaché Jeffrey Cole are here in the Philippines and they called up our lawyers and expressed their sentiments and expression of thanks by the US Department of Justice in Washington DC."
Meanwhile, another Abu Sayyaf leader will be arraigned for another criminal offense.
Abu Sayyaf leader Ghalib Andang alias Commander Robot will be arraigned on March 12 in connection with the rebellion led by incarcerated former Autonomous Region for Muslim Mindanao (Armm) Gov. Nur Misuari three years ago.
State Prosecutor Peter Ong said Andang, who was captured by military operatives last December, will be arraigned along with Misuari for alleged involvement in the "planning and execution of their rebellious acts."
Robot was arraigned Friday for his alleged role in the Sipadan abduction.
"We are supposed to present our first witness. This should have happened last January but the defense asked for a cancellation of the reinvestigation of the preliminary investigation conducted by the panel of Chief (Severino) Gaña," Ong said.
Gaña clarified there was no reinvestigation conducted on the Misuari case as ordered by former Justice Sec. Simeon Datumanong before Datumanong resigned in December.
"There is no motion for leave therefore they could not proceed with the preliminary investigation. Instead, our panel should proceed with the trial of the case," Ong added.
He said the arraignment of Misuari will definitely proceed on March 12 wherein they would present their first witness, Abdul Kiram Yusoff.
The hearing will be conducted in Fort Sto. Domingo, although the case is filed before the RTC 31 in San Pedro, Laguna where Andang would be transported from Fort Bonifacio in Taguig, where he is detained.
Gutierrez also denied allegations that they will drop the case against Misuari in favor of the Armm's support for President Arroyo's candidacy.
Misuari led a rebellion in November 2001 in the Armm after the holding of elections there. With a report from JMR
(February 28, 2004 issue)
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