Judge says prosecution blew it
MANILA, Philippines—The Makati Regional Trial Court Wednesday acquitted for lack of evidence former Moro National Liberation Front chair Nur Misuari of rebellion charges in connection with the 2001 bloody attack on a military camp in Sulu.
Judge Winlove Dumayas of Makati RTC Branch 59 dismissed the rebellion case filed against Misuari and seven others because the prosecution failed to show that they led the assault on a military base in Busbus, Jolo, Sulu, where more than 100 people were killed.
“The prosecution failed to discharge its burden of showing proof beyond reasonable doubt that the crime of rebellion was committed by the accused and that they are guilty thereof,” he said in a 10-page decision released Wednesday.
Weak evidence
The court junked the case when it granted the defense’s demurrer to prosecution evidence, which said that the prosecution presented evidence that was “weak and insufficient to meet the quantum of proof beyond reasonable doubt.”
Already out on bail, Misuari was acquitted a day after he filed his certificate of candidacy for Sulu governor under the Bangon Pilipinas party of presidential aspirant Bro. Eddie Villanueva.
“Spectacular and a triumph of peace,” Misuari said after he learned of his acquittal.
“We salute the courageous and wise decision of this judge for rendering this spectacular decision against all odds,” Misuari said in a hastily called press conference in his house in New Manila, Quezon City, Wednesday afternoon.
Peace process
He said his acquittal would strengthen the ongoing peace process in Mindanao.
“I think the dismissal would give more impetus to the peace process as I would be negotiating with them with my peace panel in the atmosphere of freedom,” he added.
The court’s decision was also welcomed by Malacañang, who said it would augur well for peace in Mindanao.
The government had filed criminal charges against Misuari, then the governor of the Autonomous Region of Muslim Mindanao, and supposed leaders of the MNLF and Abu Sayyaf, namely Bakil Annay Harun, Johan Sawadjaan San Sanzibar, Akil Abdurahman Abdur, Addin Esquerra Ishmael, Gamar Bin Abd Razak, Omar Bin Abdullah and Abu Harris Osman.
In dismissing the case, the court pointed out that the prosecution was given several opportunities to present evidence other than those given when they opposed the request for bail of the accused.
But the prosecution failed to present additional witnesses, citing the difficulty of bringing them from Sulu to Manila.
Even the documentary evidence given by the prosecution, which consisted mostly of death certificates and medical abstracts of the wounded, did not help in proving the guilt of the accused.
Not proven
In proving a crime like rebellion, the court said the prosecution should also show that there was conspiracy among the accused to commit rebellion.
“The conspiracy, so it is well settled, must be proven just like the crime itself which must be established beyond reasonable doubt,” the judge said.
Misuari was charged with rebellion after his forces attacked a military camp in Sulu in November 2001 in an attempt to stop the ARMM elections.
Misuari, who was not seeking reelection that year, said the elections violated the peace accord as he was not consulted about the process.
The attack left more than 100 people dead and scores wounded.
Misuari fled to Malaysia but was eventually arrested and deported to the Philippines in January 2002.
With reports from Nancy Carvajal and Eliza Victoria, Inquirer Research
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