CA affirms conviction of Maute member for explosive device possession

THE COURT of Appeals (CA) has affirmed the lower court’s reclusion perpetua sentence on a Maute terrorist group member for unlawful possession of an explosive device.

In a news release Monday, the Department of Justice (DOJ) said the CA affirmed in toto the decision of the Taguig City Regional Trial Court Branch 266 which found Nasifa Pundug guilty beyond reasonable doubt of violation of Presidential Decree 1866, as amended by Republic Act 9516 or the law against the illegal possession of firearms and explosive devices.

Pundug was arrested with seven others at an Army checkpoint in Barangay Butig, Lumbayanague, Lanao del Sur on Aug. 22, 2016.

Found in their possession were materials for making an explosive device, a pipe bomb, a hand grenade, an 81mm mortar ammunition and a pistol.

Pundug denied ownership of the blasting cap, alleging that it was merely planted considering it did not have a serial number or any marking.

She supported her alibi by using the "chain of custody rule" or a protocol to check the veracity of evidence obtained in illegal drug cases.

The CA ruled that the contention of the accused was bereft of merit and self-serving.

"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," part of the decision read.

"Denial and alibi cannot prevail over the positive identification of assailants by the witnesses unless substantiated by clear and convincing proof," the CA said.

The Court also recognized the presumption of regularity in the military's confiscation of the blasting cap, scoring that such contrabands are sensitive from markings where even a camera flash would be enough to detonate it.

Justice Secretary Jesus Crispin Remulla hailed the CA ruling as “another testament of the State's zealousness in administering the law, proving yet again that evil shall never triumph over justice."

“Pundug’s conviction is a big boost in the government’s fight against terrorism,” Remulla said.

The Maute group was responsible for the Marawi City siege in May 2017, a five-month battle that resulted in thousands of deaths and left the city in shambles. (Benjamin Pulta)