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.