CA upholds Maute member’s conviction for possession of blasting cap
A rifle grenade, a hand grenade, a blasting cap, and detonation devices were confiscated from foreigners arrested in Basilan. | File photo TETCH TORRES-TUPAS / INQUIRER.nt
MANILA, Philippines — The Court of Appeals (CA) has affirmed a court’s conviction of a Maute member for possession of contraband.
The case stemmed from a decision of the Taguig City Regional Trial Court (RTC) Branch 266, which found Nasifa Pundug guilty beyond reasonable doubt for violating Presidential Decree No. 1866 and Republic Act 9516, or the unlawful manufacture, sales, acquisition, disposal, importation, or possession of an explosive device or ancillary device.
The accused, for her part, appealed the conviction and contested the ruling by citing the “chain of custody rule,” or a protocol mandated by law to check the veracity of evidence obtained in illegal drug cases.
But in a 16-page decision dated June 25, the CA ruled that the contention of the accused was bereft of merit.
“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 identify the hand grenade, a structural object, based on personal knowledge that the same article is what it purports to be,” the CA decision reads.
“Denial and alibi cannot prevail over the positive identification of assailants by the witnesses unless substantiated by clear and convincing proof,” it added.
The appellate court also noted the presumption of regularity in the military’s confiscation of the blasting cap, explaining that the contraband was sensitive to markings where even a camera flash would be enough to detonate it.
“Wherefore, viewed in the light of the foregoing, the instant Appeal is denied,” the CA decision ruled.
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It was on August 22, 2016, when Pundug was arrested for possession of a blasting cap during a random checkpoint in Lanao Del Sur.
Pundug was reportedly apprehended along with seven other people alleged to be members of the Maute terrorist group, with other contraband confiscated, including an 81-millimeter mortar ammunition, a pipe bomb, and other suspicious items.
Meanwhile, the DOJ, in a statement on Monday, tagged the CA decision as a “win against terrorism.”
“This court ruling is another testament of the State’s zealousness in administering the law, proving yet again that evil shall never triumph over justice,” Justice Secretary Jesus Crispin Remulla said.
“Pundug’s conviction is a big boost in the government’s fight against terrorism,” he pointed out.
