Court of Appeals Upholds Life Sentence for Maute Group Member on Explosive Charges
MANILA — The Court of Appeals has upheld the life sentence of a member of the Maute terrorist group for possession of an explosive device, affirming the judgment handed down by the lower court.
According to Philippines News Agency, the appellate court confirmed in toto the decision of the Taguig City Regional Trial Court Branch 266, which found Nasifa Pundug guilty beyond reasonable doubt for violating Presidential Decree 1866, as amended by Republic Act 9516. This law penalizes the illegal possession of firearms and explosive devices. Pundug was arrested along with seven others at an Army checkpoint in Barangay Butig, Lumbayanague, Lanao del Sur on August 22, 2016, where authorities discovered materials for making an explosive device, including a pipe bomb, a hand grenade, an 81mm mortar round, and a pistol.
Pundug had contested her ownership of the blasting cap found with the group, claiming it was planted as it bore no serial number or identifying markings. She attempted to bolster her defense with an argument centered on the “chain of custody rule,” typically employed to scrutinize evidence in illegal drug cases. However, the Court of Appeals dismissed her claims as “bereft of merit and self-serving.” The court noted, “In the case at hand, the chain of custody rule does not apply to an undetonated grenade (an object made unique) for it is not amorphous and its form is relatively resistant to change. A witness of the prosecution need only to identify the hand grenade, a structural object, based on personal knowledge that the same article is what it purports to be.”
The appellate court also emphasized that “denial and alibi cannot prevail over the positive identification of assailants by the witnesses unless substantiated by clear and convincing proof.” It further recognized the presumption of regularity in the military’s confiscation of the blasting cap, noting the sensitivity of such contrabands to markings and the potential danger even a camera flash could pose.
Justice Secretary Jesus Crispin Remulla lauded the decision, commenting, “This ruling is another testament of the State’s zealousness in administering the law, proving yet again that evil shall never triumph over justice.” Remulla added that “Pundug’s conviction is a big boost in the government’s fight against terrorism.”
The Maute group, to which Pundug belonged, notoriously led the siege of Marawi City in May 2017, a devastating conflict that lasted five months, resulted in thousands of casualties, and left the city extensively damaged.