The Court of Appeals (CA) has affirmed the 2019 trial court decision that convicted of murder seven members of the Abu Sayyaf Group (ASG) for the killing in 2007 of military asset Jemar Bairulla in Palawan.
Affirmed was the Sept. 16, 2019 decision of the Taguig City regional trial court (RTC) which sentenced to reclusion perpetua (maximum of 40 years imprisonment) without eligibility of parole ASG members Omar Jakarin Ibno, Hiya Arabain Hapipuddin, Muadzi Aisal Jala, Najer M. Daud, Omar E. Panagas, Jemar Malpa, and Ibrahim Misuari.
But the CA’s decision, written by Associate Justice Eduardo S. Ramos Jr, increased the civil liabilities imposed on the convicts from P275,000 to P350,000 for moral, exemplary, and temperate damages with six percent interest annually until fully paid.
Case records showed that in the evening of Aug. 12, 2007, all eight of them – those convicted and the victim – were on board a boat heading to Bataraza in Palawan.
The group, however, decided to make a stop at Tagbila Island. All eight passengers disembarked except the boat owner who testified that he heard gunshot that was fired from the firearm of Jakarin.
The boat owner also testified that Bairulla fell on the ground and was buried in the sand. Two days later, a fisherman saw Bairulla’s body floating near the shore of Puting Buhangin in Barangay Marangas, Bataraza.
On Sept. 6, 2007, the law enforcers arrested Jakarin and his group and were transported from Palawan to Zamboanga City for investigation.
During the investigation, Jakarin and his group denied being members of the ASG. They also denied that they conspired to kill Bairulla.
They pointed out that they were students of a school in Puerto Princesa City and they were arrested without warrants.
At the same time, they claimed that the law enforcers forced them to place their thumbprints on a certain document and admit their participation in the killing of Bairulla.
In convicting them, the RTC ruled that “their extra-judicial confessions were admissible in evidence and were credible as they were done: (1) voluntarily; (2) with the assistance of a competent and independent counsel; (3) expressly; and (4) in writing.”
The RTC also rejected their claims that police officers tortured them for months and forced them to make an admission regarding their culpability in the victim's death.
The RTC, however, said Jakarin and his group did not file any administrative or criminal case against the police officers.
The RTC’s conviction was elevated to the CA. It ruled:
“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 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.
“Accodingly, the twin appeals are hereby denied. The Judgment dated Sept.16, 2019, and Resolution dated Dec. 23, 2019, of the Regional Trial Court of Taguig City, Branch 266, in Crim. Case No. 137582-TG, are affirmed with modification in that accused-appellants Omar Jakarin Ibno @ ‘Abu Moguera’, Hiya Arabain Hapipuddin @ ‘Abu Islam’, Muadzi Aisal Jala @ ‘Abu Muadz’ a.k.a. ‘Aisal Basala Jala’, Najer M. Daud @ ‘Ben Saif’, Omar E. Panagas @ ‘Ustadz Abdulla’, Jemar Malpa @ ‘Abu Jaafar’, Ibrahim Misuari @ ‘Abu Daiser’, are sentenced to reclusion perpetua without eligibility for parole.
“Accused-appellants are also ordered to jointly and severally pay the heirs of Jemar Bairulla temperate damages in the amount of P50,00, civil indemnity in the total amount of P100,000, moral damages in the total amount of P100,000 and exemplary damages in the total amount of P100,000. The monetary awards are subject to interest at the rate of six percent (6%) per annum from the finality of this Decision until fully paid. So ordered.”