The Quezon City Regional Trial Court has sentenced an alleged Maute terrorist for reclusion perpetua or a maximum of 40 years in imprisonment after he was found guilty of illegal possession of a hand grenade.
In a 20-page decision, Presiding Judge Eleuterio Bathan of Quezon City RTC Branch 92 junked the defense of accused Unday Macadato that the case against him should have been dismissed considering that his arrest was illegal due to lack of a valid warrant of arrest issued by a court and that he is not Unday Macadato.
The lower court said that Macadato’s arrest was legal because he was caught “in flagrante” (in the act of doing something wrong) loading his pistol and then inserting the pistol in a body bag in his possession.
“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 stated.
The trial court also explained that the discovery and confiscation of the Grenade Hand Frag M26A1 and the black flag/handkerchief with ISIS logo is 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. 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,” the lower court said.
Macadato alias Solaiman Omar was arrested without a warrant in Cubao on May 7, 2018 after locals reported he was boasting about his connection to the Maute terror group, which was responsible for the bloody Marawi siege in 2017.
Aside from the hand grenade, authorities said they also recovered a short firearm and a black flag with an ISIS logo, which Unday claimed were planted.
As to his claim that he is not Macadato, the trial court said such defense is unbelievable considering that witnesses did not corroborate it, even his supposed relatives residing in Quezon City.
“He should have asked his relatives who are residents of Fairview and Cubao to testify in his favor proving his good character that could save him from the charges,” the RTC noted.
“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,” the judge ruled.
While Unday was not charged with terrorism, the judge lengthily outlined his alleged involvement to the Maute terror group as he was one of the persons listed in Martial Law Instruction No. 1 dated September 2017, who are being sought by authorities for rebellion.
