Chief Public Defender Persida Rueda Acosta said there was no basis, much less evidence, for the prosecution to conclude that there was probable cause that the leaders and members of the MILF openly plotted to conduct bombing missions, particularly the Davao incidents.
In a petition for review, Acosta said the lack of probable cause should merit the reversal of the March 25 and May 14 resolutions of Davao City State Prosecutor Enrique delos Santos indicating the respondents.
Among those facing charges for the bombings were high-ranking MILF members, like Ghadzhali Jaafar, Al Hadz Murad, Eid Kabalo, Nurudin Ibrahim, Toks Ibrahim, Aleem Aziz Mimbantas, Lanang Ali, Oma Pasigan, Datucan Abas and Mogagher Iqbal, including some 150 other suspected MILF members.
The prosecution filed the case in court against the respondents but on July 18 last year, the Davao City Regional Trial Court Branch 12 granted their petition for reinvestigation.
Then Justice Secretary Simeon Datumanong designated De los Santos to conduct the reinvestigation of the cases. On March 15, De los Santos issued a resolution finding probable cause against the respondents and denied their motion for reconsideration on May 14.
Acosta noted that De los Santos used mainly news reports of the alleged MILF plans to conduct bombing attacks as basis for the resolution.
"The same would be hearsay evidence, twice removed," Acosta said.
The Davao International Airport blast on March 4, 2003 killed 22 persons and wounded some 133 others. On the other hand, the Sasa wharf bombing on April 2, 2003 killed 16 persons and wounded 35 others.