A TAGUIG court has convicted 17 Abu Sayyaf leaders and members of 21 counts of kidnapping and serious illegal detention with ransom in connection with the 2000 kidnapping of 21 individuals in a resort in Sipadan, Malaysia and keeping them hostage for months in Sulu.
In a 157-page decision, Taguig City Regional Trial Court Branch 153 Presiding Judge Marian Bien sentenced each of the 17 accused to suffer reclusion perpetua for each of the 21 counts of the crimes they were found guilty of, and ordered them to jointly and severally pay the 21 victims P100,000 in civil damages, P100,000 in moral damages, and P100,000 in exemplary damages, all with an interest rate of six percent per annum from the date of finality of the judgment until fully paid.
Among those convicted are Hilarion Del Rosario Santos, alias Ahmed Islam Santos, and Redendo Cain Dellosa, who are both included in the United Nations Security Council sanctions list of individuals with links or involvement to terrorist groups.
Santos is the reported founder and leader of the Rajah Solaiman Movement (RSM), while Dellosa is another RSM leader.
The UN Security Council tagged Santos and Dellosa in 2008 for their association with Al-Qaida, Usama bin Laden or the Taliban and for “participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of and recruiting for the Abu Sayyaf Group, Jemaah Islamiyah and the Rajah Solaiman Movement.”
Aside from Santos and Dellosa, the court also found guilty accused Alkaiser Baladji, Omar Galo, Muner Jumalla, Najer Ibrahim, Jahid Susukan, Ben Najar Abraham, Said Massud, Hajid Elhano, Jundam Jawad, Aljunib Hashim, Michael Pajiji, Alhadi Aylani, Dhad Suraidi, Julkipli Salih, and Saltimar Sali.
The court said that “being detention prisoners… each of them shall be credited with the full time during which they had undergone preventive imprisonment, pursuant to the provisions of Article 29 of the Revised Penal Code.”
The charge list also included top ASG leaders Galib Andang, alias “Commander Robot,’ Nadjmi Sabdulla, alias “Commander Global,” Alhamser Manatad Limbong, and several other members of the Abu Sayyaf group who were taken into custody and prosecuted shortly after the incident.
However, they were killed during an attempted jailbreak in Camp Bagong Diwa in Bicutan, Taguig City in 2005.
The accused were charged with kidnapping and serious illegal detention with ransom despite their reported links to terrorist groups since the incident happened in 2000 when the country did not yet have a law on terrorism.
In 2020, the Anti-Terrorism Council adopted the UN sanctions List and officially designated the Abu Sayyaf Group as a terrorist organization.
It will be recalled that in April 2000, members of the Abu Sayyaf abducted at gunpoint 21 individuals of different nationalities from the Sipadan Dive Resort in Sipadan Island, Malaysia.
Of the 21 abducted, 20 were visiting tourists which included three Germans, two Finnish, two South Africans, a Lebanese, and two French. The 11 others – nine Malaysians and two Filipinos – were resort workers.
The victims were taken by boat to Talipao, Sulu and held captive in Jolo while the ASG extorted ransom money from their families and from the government.
The hostages were released after several months after ransom money was paid to the kidnappers. The last hostage, Roland Ulla, who is a Filipino, was able to escape on June 6, 2003.
BEYOND REASONABLE DOUBT
In convicting the 17, the trial court said the prosecution was able to present evidence showing beyond any doubt their role and participation in the Sipadan kidnapping.
“It is evident that the kidnappers, the herein accused, acted in concert in kidnapping and detaining the hostages. Their actions demonstrate a carefully laid out plan to execute the crimes charged. The accused positively identified the victims (who) took part in the commission of the crimes while the others, by their acts, their presence at the scene of the crime, and or acting as guards, while heavily armed, gave effective means and encouragement in the commission of the crimes,” part of the court’s ruling said.
“In fine, based on the evidence presented, there is no question that accused and cohorts were complicit in the joint purpose and design of the kidnapping of the hostages for the purpose of extorting ransom money from them or their respective families and government,” it added.
The court dismissed the defense of alibi of the accused, saying that this cannot prevail over the positive identification by the witnesses.
“This Court gives credence to the positive identification and consistent testimonies of the prosecution’s witnesses. Moreover, all the accused admitted there is no ill motive on the part of the prosecution’s witnesses since the former had no conflict with the latter,” the court said.
In the same ruling, the court acquitted accused Manggona Malli, Abdulkahil Malla, Abdul Mubeen Sakandal, Ahiri Tadja, and Radzmar Sangkula Jul on the ground of reasonable doubt.
“Accordingly, their immediate release from detention is ordered unless their further detention is for other lawful cause or causes,” the court ordered.
VICTORY
Sought for comment, Justice Secretary Jesus Crispin Remulla lauded the court ruling as another victory in the government’s fight against terrorism.
“This conviction is also reflection of the unwavering efforts of the DOJ in upholding the rule of law without fear or falter,” Remulla said as he also commended Senior Deputy State Prosecutor Hazel Decena who led the prosecution panel.
“Your devotion, courage and relentless efforts to pursue justice by all means is truly astonishing. Thank you for being a testament that justice will never be denied regardless of who or how strong the enemy may seem. Your resilience has indeed withstood the forces of terror and oppression which serve as an inspiration to us all,” he said.
He also thanked the National Intelligence Coordinating Agency, the Philippine National Police, the Armed Forces of the Philippines-Philippine Army, and the Bureau of Jail Management and Penology — as well as the government of the United States of America, for the cooperation and support that led to the guilty verdict against the accused.
