Case Digest (G.R. No. 184681)
Facts:
In Gerry A. Salapuddin v. Court of Appeals, Gov. Jum Akbar, and Nor-Rhama J. Indanan (G.R. No. 184681, February 25, 2013), petitioner Gerry A. Salapuddin, then Congressman of Basilan, challenged his inclusion in an amended information for multiple murder and multiple frustrated murder before the Regional Trial Court (RTC), Branch 83, Quezon City. On November 13, 2007, a bomb planted on a motorcycle exploded at the House of Representatives lobby in Batasan Complex, killing Congressmen Wahab Akbar and four others, and injuring several representatives. Police traced the motorcycle to members of the Abu Sayyaf Group (ASG) and raided a safehouse in Payatas, resulting in firearms seizures and the deaths of three suspects. Four others—Caidar Aunal, Ikram Indama, Adham Kusain, and Abu Jandal alias “Bong”—were arrested, and incriminating affidavits implicated them in the bombing. Affidavits allegedly obtained under duress named Salapuddin as the mastermind. The Chief State Prosecutor fouCase Digest (G.R. No. 184681)
Facts:
- Batasan Complex Bombing
- On November 13, 2007, an improvised bomb hidden in a motorcycle exploded near the South Wing lobby of the House of Representatives in Quezon City.
- The blast killed Rep. Wahab Akbar and four others, and injured several representatives and staff.
- Police Operation and Seizures
- On November 15, police raided an Abu Sayyaf Group safehouse at Parkwood Hills, resulting in a firefight that killed three suspects and the arrest of Caidar Aunal, Ikram Indama, and Adham Kusain.
- Seized items included two .45 pistols (one traced to Salapuddin’s aide), a motorcycle plate, an HOR ID, and a wallet containing Salapuddin’s calling cards.
- Extrajudicial Statements and Recantations
- Kusain and Ikram executed multiple affidavits implicating Salapuddin and the Hataman brothers in the bombing conspiracy; Ikram’s versions shifted chronologies and added allegations of orders from Salapuddin.
- Jilbert Ortega identified Ikram near the lobby. Jamiri and Aunal also executed affidavits describing the bomb plot, later recanted, alleging torture. A medical report by Dr. Molino confirmed signs of coercion.
- Prosecutorial and Appellate Actions
- On December 6, 2007, the Chief State Prosecutor found probable cause against Aunal, Ikram, and Kusain and recommended further probes for Salapuddin and others.
- On April 23, 2008, the Secretary of Justice modified the resolution to exclude Salapuddin for lack of competent evidence.
- The Court of Appeals, on August 6, 2008, reversed the Secretary’s resolution and reinstated Salapuddin in the information; its denial of reconsideration followed on October 16, 2008.
- Salapuddin filed a petition before the Supreme Court; on November 21, 2012, the Court granted his motion for reconsideration and reinstated the Secretary of Justice’s exclusion of Salapuddin.
Issues:
- Prosecutorial Discretion vs. Judicial Review
- Whether the Court of Appeals erred in reversing the Secretary of Justice’s resolution excluding Salapuddin absent a showing of grave abuse of discretion.
- Whether the Secretary of Justice exceeded or misapplied his supervisory powers in modifying the investigating prosecutor’s recommendation.
- Probable Cause and Admissibility of Confessions
- Whether there was competent and material evidence to establish probable cause against Salapuddin for multiple murder and multiple frustrated murder.
- Whether Ikram’s extrajudicial confession and the affidavits of co-accused could be admitted against Salapuddin under the co-conspirator exception.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)