2007 Batasan bombing case: SC dismisses murder raps vs ex-rep Salapuddin

From InterAksyon (Mar 15): 2007 Batasan bombing case: SC dismisses murder raps vs ex-rep Salapuddin

The Supreme Court(SC) has cleared former Basilan Rep. Gerry A. Salapuddin of multiple murder and frustrated murder charges in connection with the 2007 Batasan bombing incident.

The SC granted Salapuddin's petition and reversed and set aside the Aug. 6, 2008 decision and Oct. 16, 2008 resolutions of the Court of Appeals.

It reinstated the April 23, 2008 resolution of the Secretary of Justice, which excluded the name of Gerry A. Salapuddin from the charge sheet.

Likewise, the SC ordered the name of Gerry A. Salapuddin stricken off and excluded from the charges for the complex crime of multiple murder and frustrated murder filed before the Quezon City Regional Trial Court Branch 83.

Records showed that on Nov. 13, 2007, shortly after the adjournment of the day's session in Congress, a bomb exploded near the entrance of the South Wing lobby of the House of Representatives in Batasan Complex, Quezon City.

The blast claimed the lives of Rep. Wahab Akbar, Marcial Taldo, Jul-Asiri Hayudini, Maan Gale Bustaliño and Dennis Manila, and inflicted serious injuries on Reps. Henry Teves and Luzviminda Ilagan, Ismael Lim, Vercita Garcia, Kumhar Indanan, Larry Noda and Paula Dunga.

Investigation showed the explosion was caused by an improvised bomb planted on a motorcycle parked near the entrance stairs of the South Wing lobby.

Acting on a confidential information and learning one ASG member, Abu Jandal alias "Bong," has standing warrants of arrest for kidnapping and serious illegal detention, the police officers raided an alleged ASG safehouse at Blk 4, Lot 23, Anahaw St., Parkwood Hills, Payatas, Quezon City on Nov. 15, 2007.

The raid resulted in a firefight that left three persons dead and arrest of Caidar Aunal, Ikram Indama and Adham Kusain.

Several items were seized, including a Cal. 45 pistol traced to Julham S. Kunam, Political Affairs Assistant of petitioner Salappudin.

On Nov. 16, 2007, Kusain, one of those arrested, executed an affidavit which stated, among others, that he is from Tipo-Tipo, Basilan and stayed in the house of Salapuddin, his father's friend, when he first arrived in Manila in 2005.

Kusain said Salapuddin paid for one year of his college education.

He added he was at Parkwood Hills because Redwan had asked him to get the payment for his black XRM Honda motorcycle Redwan took from his house on Nov. 2, 2007.

He claimed Redwan did not disclose the purpose for which the motorcycle will be used and it was only after the raid he learned his motorcycle was the very same motorcycle used during the bombing at the Batasan Complex.

On Nov. 16, 2007, Ikram executed the first of his several affidavits.

He stated he is a driver working for Salapuddin since 2002; he went home to Isabela City, Basilan in June 2007 and returned to Manila in October 2007; before returning to Manila, his cousin Redwan talked to him about a mission to kill Rep. Akbar of Basilan by means of a bomb to be planted on a motorcycle; he was not informed of the reason for the mission or the identity of the person who gave the order; those who took part in the planning of the bombing included: Redwan and his wife Saing, Jang, who was a cousin and member of the staff of Rep. Mujiv Hataman, Aunal, Kusain, and Bong, who made the bomb; he brought the motorcycle with the bomb to the HOR.

In the morning of Nov. 18, 2007, Ikram gave his first supplemental affidavit and in the evening of the same day executed another supplemental affidavit.

In his first three affidavits, Ikram never mentioned Salapuddin's involvement in the plan to kill Akbar.

Ikram's narration of events altogether changed in his third supplemental affidavit dated Nov. 20, 2007.

In his fourth affidavit, Ikram, stated he worked for Salapuddin's water refilling station in Isabela City as a delivery boy; in September 2007, before the Ramadan, Salapuddin asked him to fetch Redwan and he complied and brought Redwan to Salapuddin's house on the same day; he was beside Redwan when Salapuddin ordered: "Pateyun si Cong. Wahab Akbar"; he saw Redwan again on Oct. 9, 2007 when the latter told him about the mission in Manila to kill Akbar.

Aunal and Harajun Jamiri, the ex-mayor of Tuburan, Basilan, also executed affidavits on the plot to kill Akbar.

Police authorities indorsed on Nov. 29, 2007 a letter to then Chief State Prosecutor Jovencito Zuño requesting the inclusion of Salapuddin and three more in the complaint for murder and multiple frustrated murder based on the affidavits of Ikram, Jamiri and Aunal.

Jamiri executed an affidavit on Dec. 10, 2007 withdrawing and disavowing the statements he made in his previous affidavits.

Kusain and Aunal also executed their respective affidavits of recantation on Dec. 12, 2007.

Salapuddin submitted on Jan. 3, 2008 his counter-affidavit where he reiterated the statements he made in his Nov. 17, 2007 affidavit and assailed Ikram's attempt to implicate him as Ikram's desperate act of self-redemption after owning up to the crime.

Zuño approved on Feb. 22, 2008 the Department of Justice investigating panel's supplemental resolution recommending the amendment of the criminal charges pending before the Quezon City RTC Branch 83, to include Salapuddin, et al.

Salapuddin filed a petition for review of the supplemental resolution before the Office of the Secretary of Justice on March 7, 2008.

The Secretary of Justice issued a resolution on April 23, 2008 excluding Salapuddin from the charges for the complex crime of murder and frustrated murder modifying the supplemental resolution of the investigating panel.

Respondents Jum Akbar and Nor-Rhama Indanan filed on May 13, 2008 a petition for certiorari before the CA questioning the Secretary of Justice's April 23, 2008 resolution.

In its ruling dated Aug. 6, 2008, the CA set aside the resolution of the Secretary of Justice.

Salapuddin filed a motion for reconsideration, but was denied in a CA resolution dated Oct. 16, 2008.

On Nov. 24, 2008, Salapuddin filed a petition for review before the SC.

In a minute resolution, the SC denied the petition on Sept. 29, 2010.

On Dec. 1, 2010, Salapuddin filed a motion for reconsideration.

In a resolution dated Nov. 21, 2012, the SC granted the MR filed by Salapuddin and reinstated the petition.

http://www.interaksyon.com/article/57217/2007-batasan-bombing-case-sc-dismisses-murder-raps-vs-ex-rep-salapuddin