Makati RTC dismisses rebellion case vs Misuari, 7 Sayyaf leaders

MANILA, Philippines - A Makati Regional Trial Court (RTC) yesterday dismissed the rebellion case against former Autonomous Region in Muslim Mindanao (ARMM) governor and former Moro National Liberation Front (MNLF) chairman Nur Misuari and seven alleged ranking leaders of the Abu Sayyaf Group.

In a ten-page order, RTC Branch 59 Judge Winlove Dumayas granted the demurrer to evidence filed by Misuari and his co-accused on July 10.

Also acquitted were Bakil Annay Harun, Johan Sawasjan San Sanzibar, Akil Abdurahman Abdur, Addin Esquerra Ismail, Gamar Bin Abd Razak, Omar Bin Abdullah and Abu Harris Usman.

“After a careful review and appreciation of the evidence presented by the prosecution, the court finds merit in the demurrer to evidence filed by the accused. Accordingly, the above-entitled case is hereby ordered dismissed on the ground of insufficiency of evidence,” Dumayas said.

The case stemmed from the alleged involvement of Misuari and the seven co-accused in the Nov. 19, 2001 attack against military personnel stationed at the 104th Brigade headquarters in Busbus, Jolo, Sulu with mortar fire, recoilless rifles and grenade launchers.

Misuari allegedly ordered the attack to postpone elections in ARMM.

Dumayas said the four witnesses presented by the prosecution failed to prove Misuari and his co-accused guilty.

“Neither can the documentary evidence of the prosecution hold its cause. The documents were mostly death certificates and medical abstracts of wounded persons. Who caused their deaths, how and where and when they died or were wounded is not competently shown. Assuming arguendo that the same may be considered in the resolution of this case, no shred of relevancy nor materiality has been established by the prosecution to support the most basic issue on hand, and that is whether the accused are guilty as charged in the information, beyond reasonable doubt,” he said.

Dumayas said the failure of the prosecution to establish a prima facie case for conviction entitled Misuari and the others to a direct acquittal without the need to produce their own evidence.

“The prosecution failed to discharge the burden of proving the guilt of the accused beyond reasonable doubt. Perforce, this case admits of no other result but acquittal,” he said.

Dumayas said Col. Abdul Kiram Yusup, one of the prosecution witnesses, merely testified about the casualties of the attack but did not implicate any of the accused.

“Neither did he pinpoint any one of the accused. His testimony was confined to the treatment of alleged casualties,” Dumayas said.