Fiscals sue 14 in deadly Roxas market blast
GOVERNMENT prosecutors have indicted 14 suspects in connection with the Sept. 2 Roxas night market bombing that killed 15 and injured 69 others.
Chief City Prosecutor Nestor Ledesma yesterday approved the Dec. 7 finding of the investigating panel composed of prosecutors Jay Karel Sanchez II, Armand Tirol and Jose Paulo Evangelista.
In a 17-page resolution, the prosecutors found probable cause to charge Abu Calid, Abu Hadid Dilangalen, Wendel Facturan (aka Muraimin), Zack Haron Lopez, TJ Macabalang (aka Abu Tufael), Pendatum Coy Mahurom, Ausa Abdullah Mamasapano (aka Abu Hamsa) , Musali Mustapha (aka Abu Hurayra ), Jessy Vicent Original (aka Aisha), Datu Masla Sema (aka DM), Abu Solaiman, Jackson Usi (aka Abu Mansur), Abubakar Zulkifli (aka Abs), and a certain Cocoy/Jericho.
The respondents were charged for violation of Sec. 3 (terrorism) of Republic Act 9374 (Human Security Act) and multiple murder with multiple attempted murder under the Revised Penal Code.
The panel dropped the case against several respondents for lack of probable cause. Cleared were a certain Abrar, Joab Balicas, Boy Chenikandiyil, Jing Pagayao, Abu Shuhada, and Daniel Abu Utman.
“The acts of terrorism committed by these individuals are indeed loathsome,” the prosecutors said in their concluding statement. “However, much as we would want to respond with equal measure of violence, as a civilized society governed by the rule of law, we must rise above our feelings of revenge and instead afford them what they denied us: an opportunity to due process (one that hears before it condemns). Only then can we give real justice to the innocent victims of this tragedy. “Fiat justitia”… let justice be done… The law binds our society together and no amount of terror will beat us into submission.”
Extra-judicial confessions
The prosecution panel relied on the extra-judicial confessions executed by respondents Usi and Mamasapano.
“(The extra-judicial confessions) are admissible as evidence against their co-respondents,” the resolution said.
In the separate affidavits of Usi and Mamasapano, they admitted participation in the planning and execution of the bombing.
They also pointed the other suspects.
They disclosed that they are member of Ansarol Khilafa Philippines (AKP) , a group closely linked with the Maute Group.
According to them, Maute Group is composed of individuals under the Islam faith fighting in Butril, Palimbang to become a mujahid or mujahidin (soldier of Allah).
During their training where they were taught how to use different kinds of guns and tactics in warfare, they met Zulkifli and Macabalang.
In the first week of August 2016, a meeting took place in the house of Macabalang where they were informed that Facturan just came from Butig and had an 81 mm mortar that they would use to bomb Midsayap, North Cotabato. The plan did not push through as their specific target was not crowded when they arrived.
They later met at Amaya Resort where Sema suggested to use the bomb in Davao City instead because the incumbent president is from the said city and to compel the government to reduce the military forces in Basilan who at that time was fighting the Abu Sayyaf Group.
In confessions of the two suspects, it was also revealed that Facturan was the one who placed the bomb while Macabalang used his cellphone to trigger the explosion.
After the bombing, the group went back to Cotabato City.
“The manner by which these Sinumpaang Salaysay (sworn statements) were taken shows that no form of coercion and/or intimidation was employed against both of them to compel them to state the matters contained in their respective Sinumpaang Salaysay,” the prosecutors said. “They were duly informed of their respective constitutional rights in the presence of counsel, who aptly advised them as to the consequences of their actions prior to answering the questions propounded by the investigators.”
The prosecution has charged the respondent for terrorism citing three elements.
The first element is the commission of a Crime involving Destruction under Article 324 (A person who shall cause destruction by means of explosion…) of RA 9374. The second element is the location where the bomb was placed and the time when the bomb was triggered while the third element is the respondents are members or related terrorist organizations set up in Mindanao.
Respondent were also charged for multiple murder with multiple attempted murder because the intent to kill is apparent when they detonated the explosive device in a crowded area.
The prosecutors, in the resolution, also stressed that no matter how many deaths or injuries were sustained, the single act produces the complex crime of multiple murder with multiple attempted murder.
“In the present case, the use of improvised explosive device (IED) will be treated and alleged as qualifying aggravating circumstance,” the resolution said.
In clearing the other suspects, the prosecutors said “there is no specific act attributable to any of them to establish that they knew, or took part in the execution, of the Davao bombing.”
Killed in the Roxas bombing were Jay Adremesin, Maria Luz Arellano, Mercy Basilisco, Rogelio Cagantas, Cristelle Decolongon, Daniel Larida, Melanie Faith Larida, Pipalawan Macacua, Eufemia Biscocho, Kristia Gaile Bisnon, Ruth Merecido, Salvador Reginaldo Nagal, hristian Denver Reyes, Evelyn Sobrecary and Vicenta Asperin who died with her unborn child.
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