G.R. No. 233839 . December 02, 2021
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ZULKIFLI/JULKIFLI @ DONIS/DONI OFRACIO/AHMAD FAISAL, TAUFIQ RIFQI, ET AL., Accused; ZULKIFLI/JULKIFLI @ DONIS/DONI OFRACIO/AHMAD FAISAL, TAUFIQ RIFQI, FELICIANO DELOS REYES @ BOX, AND DINNO AMOR R. PAREJA @ KHALEEL, Accused-Appellants.

FACTS

The case stemmed from the bombing of the Awang Airport in Barangay Awang, Datu Odin Sinsuat, Maguindanao, on February 20, 2003, at around 2:30 p.m. An Improvised Explosive Device (IED) placed in a white Suzuki Multicab parked near the airport’s entrance gate exploded, resulting in one fatality (Sgt. Nelson Corpuz), multiple injuries (including Haydee Bello and Luna Umpal), and damage to property. An Information for Murder with Multiple Frustrated Murder was filed and amended several times to include numerous accused. Among those apprehended and arraigned were accused-appellants Zulkifli (an Indonesian national and Jemaah Islamiyah member), Taufiq Rifqi, Feliciano Delos Reyes @ Box, and Dinno Amor R. Pareja @ Khaleel. They all pleaded not guilty.
The prosecution’s case, supported by the testimony of state witness Sammy Abdulgani, established that in early February 2003, Zulkifli convened a meeting at a safehouse in Cotabato City with MILF members, including Abdulgani, to plan the bombing. The aim was to terminate the ceasefire between the government and the MILF. The plan involved using a multicab to transport the bomb. In a second meeting, Rifqi, Delos Reyes, Pareja, and other balik-Islam group members joined and were assigned to transport the bomb and act as passengers. An initial attempt on February 19, 2003, failed due to a wet blasting cap. On February 20, 2003, after surveillance, the plan was executed. Abdul Nasser Kitogi parked the bomb-laden multicab near the Pampangueña restaurant. Abdulgani and Ibrahim Kessel entered the restaurant while the balik-Islam members remained in the vehicle. As the balik-Islam members began to alight, Kitogi activated the bomb and fled with Abdulgani on a motorcycle. The explosion subsequently occurred, killing Sgt. Corpuz and injuring others.

ISSUE

The core issue is whether the guilt of accused-appellants Zulkifli, Rifqi, Delos Reyes, and Pareja for the crime of Murder with Multiple Frustrated Murder was proven beyond reasonable doubt.

RULING

The Supreme Court denied the appeals and affirmed the convictions. The Court found the testimony of state witness Sammy Abdulgani to be credible, consistent, and corroborated by other evidence. His detailed account established the conspiracy among all accused-appellants. Zulkifli and Rifqi were leaders who planned and prepared the bomb. Delos Reyes and Pareja, as part of the balik-Islam group, were active participants who knowingly transported the bomb and acted as lookouts/passengers to avoid suspicion, demonstrating their indispensable cooperation in the execution of the crime. The collective actions of all accused, from planning to detonation, constituted a conspiracy where the act of one was the act of all. The crime was qualified by treachery as the bombing method ensured the victims had no opportunity to defend themselves. The Court also found the aggravating circumstance of use of a motor vehicle. The penalty imposed by the lower courts was affirmed.