A Quezon City court has sentenced a member of the Maute terrorist group to reclusion perpetua or a maximum of 40 years jail for illegal possession of a hand grenade in 2018.
In a 20-page decision, Quezon City Regional Trial Court Branch 92 Presiding Judge Eleuterio Bathan said the trial court did not give weight to the claim of Unday Macadato that his arrest was illegal.
Stressing the legality of Macadato’s warrantless arrest, Bathan said the accused was caught “in flagrante” or in the act of doing something wrong.
“His warrantless arrest was legal, because at the time of the warrantless arrest, accused Unday was executing an overt act indicating that he was actually committing an offense done in the presence and within the view of the arresting officer, and that is loading his pistol and thereafter inserted said pistol in his body bag,” the decision read.
In his decision, Bathan noted the discovery and confiscation of the hand grenade and the handkerchief bearing the ISIS logo were justified under the concept of warrantless search, incidental to a lawful warrantless arrest.
“As regards accused line of defense that his warrantless arrest was illegal and nothing was taken from him during his arrest is of no moment and will not hold water. His claim that nothing was taken from him during the arrest is unbelievable,” Bathan said.
“From his very testimony he claimed that a driver’s license was taken from him. He is not telling the truth, because according to him, his driver’s license was taken from him by the arresting officers,” he added.
Macadato alias Solaiman Omar was nabbed without warrant in Cubao on May 7, 2018 after being tipped off by police informers that he bragged about being connected with the Maute terror group.
Macadato was arrested ahead of the first anniversary of the Marawi siege instigated by the Maute group.
Police operatives seized a short firearm and a black flag with an ISIS logo from Macadato which he insisted were planted.
The court also junked the defense of Macadato that he was not the Unday Macadato that authorities were looking for.
But the court stood pat on its decision based on the testimonies of the witnesses, among them are his relatives residing in Quezon City, who affirmed the police’s accounts regarding his true identity.
“Denial is inherently a weak defense which cannot outweigh positive testimony. As between a categorical statement that has the same earmarks of truth on the one hand and bare denial, on the other, the former is generally held to prevail,” he added.
The court detailed his alleged involvement with the Maute group even if he was not charged with terrorism.
Macadato is included in the list of personalities being hunted by law enforcers for rebellion, under Martial Law Instruction No. 1 dated September 2017.
The decision was handed down on September 25, 2019. (Chito A. Chavez)
