Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 100 views

    People Vs Baharan

    Uploaded by

    Reyleyy1
    Gamal Baharan, Angelo Trinidad, Rohmat Abdurrohim, and Gappal Bannah Asali were charged with multiple murder and multiple frustrated murder for their involvement in a 2005 Valentine's Day bus bombing in Manila. Trinidad, Baharan, and Asali confessed to participating in the bombing. During their arraignment, their pleas were inconsistent. Asali testified against Rohmat, stating that Rohmat instructed him on how to make bombs and confirmed that Trinidad would obtain explosives. The court found Baharan, Trinidad, and Rohmat guilty based on corroborating testimonies and admissions. On appeal, the court found that Asali's testimony against Rohmat was admissible since

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    People Vs Baharan

    Uploaded by

    Reyleyy1
    100 views2 pages
    Gamal Baharan, Angelo Trinidad, Rohmat Abdurrohim, and Gappal Bannah Asali were charged with multiple murder and multiple frustrated murder for their involvement in a 2005 Valentine's Day bus bombing in Manila. Trinidad, Baharan, and Asali confessed to participating in the bombing. During their arraignment, their pleas were inconsistent. Asali testified against Rohmat, stating that Rohmat instructed him on how to make bombs and confirmed that Trinidad would obtain explosives. The court found Baharan, Trinidad, and Rohmat guilty based on corroborating testimonies and admissions. On appeal, the court found that Asali's testimony against Rohmat was admissible since

    Original Title

    People vs Baharan.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Gamal Baharan, Angelo Trinidad, Rohmat Abdurrohim, and Gappal Bannah Asali were charged with multiple murder and multiple frustrated murder for their involvement in a 2005 Valentine's Day bus bombing in Manila. Trinidad, Baharan, and Asali confessed to participating in the bombing. During their arraignment, their pleas were inconsistent. Asali testified against Rohmat, stating that Rohmat instructed him on how to make bombs and confirmed that Trinidad would obtain explosives. The court found Baharan, Trinidad, and Rohmat guilty based on corroborating testimonies and admissions. On appeal, the court found that Asali's testimony against Rohmat was admissible since

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    100 views2 pages

    People Vs Baharan

    Uploaded by

    Reyleyy1
    Gamal Baharan, Angelo Trinidad, Rohmat Abdurrohim, and Gappal Bannah Asali were charged with multiple murder and multiple frustrated murder for their involvement in a 2005 Valentine's Day bus bombing in Manila. Trinidad, Baharan, and Asali confessed to participating in the bombing. During their arraignment, their pleas were inconsistent. Asali testified against Rohmat, stating that Rohmat instructed him on how to make bombs and confirmed that Trinidad would obtain explosives. The court found Baharan, Trinidad, and Rohmat guilty based on corroborating testimonies and admissions. On appeal, the court found that Asali's testimony against Rohmat was admissible since

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PEOPLE VS.

    BAHARAN

    Facts:

    Members of the Abu Sayyaf Group - Gamal Baharan, Angelo Trinidad, Rohmat Abdurrohim, Gappal
    Bannah Asali, were among those charged with multiple murder and multiple frustrated murder for
    the Valentine’s Day bus bombing in Ayala Avenue on February 14, 2005. Trinidad and Baharan both
    confessed in separate interviews with ABS-CBN News Network in their participation in the
    bombing incident. Gappal Asali also gave an interview wherein he confessed that he supplied the
    explosive devices for the bombing. Baharan, Trinidad, Asali and Rohmat were arrested while other
    accused remained at-large.

    During arraignment for the multiple murder charge, Baharan, Trinidad, Asali entered a plea of
    guilty while Rohmat pled not guilty; on the multiple frustrated murder charge arraignment, Asali
    pled guilty, while Trinidad, Baharan, and Rohmat all pled not guilty.

    In the pre-trial, the trial court asked regarding the inconsistency in Trinidad and Baharan’s pleas
    considering they pled “guilty” to a heavier charge of multiple murder and “not guilty” to the charge
    of multiple frustrated murder. After conferment with the defense counsel, both accused
    acknowledged the inconsistencies and were re-arraigned. After Information was read to them, they
    both pled guilty to the lesser charge of multiple frustrated murder.

    Asali was discharged by the court as state witness and testified to the trainings with the Abu Sayaff.
    He also testified as to Rohmat’s instructions to secure the materials to make a bomb and Rohmat’s
    confirmation that Trinidad will get TNT from him.

    The trial court convicted Baharan, Trinidad and Rohmat of the complex crime of multiple murder
    and multiple frustrated murder. Court of Appeals affirmed the lower court’s decision. The guilt of
    Baharan and Trinidad were established by corroborating testimonies, coupled with the judicial
    admissions and extrajudicial confessions. Rohmat was found guilty as a conspirator by being a
    principal by inducement from Asali’s testimonies of his instructions and trainings on how to make a
    bomb, the plans and consistent bomb attempts in Metro Manila and Rohmat’s confirmation that
    Trinidad would be getting TNT from Asali.

    Issue: Whether or not the admissions made by Asali may be given as evidence against a co-
    accused, Rohmat?

    Held:

    Yes. Under Section 30, Rule 130 of the Rules of Court, statements made by a conspirator
    against a co-conspirator are admissible only when made during the existence of the conspiracy.
    However, if the declarant repeats the statement in court, his extrajudicial confession becomes a
    judicial admission, making the testimony admissible as to both conspirators. Judicial confessions
    are admissible against the co-accused since the latter are afforded the opportunity to be cross-
    examined. Section 30, Rule 130 applies to extrajudicial acts or admissions and not to testimonies at
    trial where the party affected has the opportunity to cross-examine the declarant. Furthermore,
    where several accused are tried together for the same offense, the testimony of a co-accused
    implicating his co-accused is competent evidence against latter.

    You might also like