The Department of Justice (DOJ) secured what they have called a "big boost" in the fight against terrorism with the conviction of a Maute group member for unlawful possession of an explosive device.

The Court of Appeals (CA) upheld the decision of the Taguig City Regional Trial Court (RTC) Branch 266, which found Nasifa Pundug guilty beyond reasonable doubt of violating Presidential Decree 1866, as amended by Republic Act 9516. This law pertains to the unlawful manufacture, sale, acquisition, disposition, importation, or possession of explosive or incendiary devices. Pundug was sentenced to Reclusion Perpetua, which carries a maximum sentence of 40 years.

According to the case details, on 22 August 2016, Pundug was found in possession of a blasting cap during a random checkpoint conducted by members of the Charlie Company of the 51st Infantry Battalion, Philippine Army, in Lanao Del Sur.

Pundug was apprehended along with seven others, who were also suspected members of the Maute group. During the operation, additional contraband, including an 81-millimeter mortar ammunition, a pipe bomb, and other suspicious items, were confiscated.

Pundug pleaded not guilty, claiming that the blasting cap was planted and that it lacked a serial number or any marking. She attempted to use the "chain of custody rule" typically applied in illegal drug cases to question the evidence.

However, the CA ruled that the chain of custody rule was not applicable to an undetonated grenade, noting that it is a distinct object whose form is resistant to change. The court emphasized that a prosecution witness only needed to identify the hand grenade based on personal knowledge.

The court stated, "Denial and alibi cannot prevail over the positive identification of assailants by the witnesses unless substantiated by clear and convincing proof," further adding that Pundug's alibi was self-serving.

The court also acknowledged the sensitivity of such contraband, highlighting that even a camera flash could potentially detonate it.

The Maute Group, also known as Dawlah Islamiya or the Islamic State of Lanao, is a radical Islamist organization based in Lanao del Sur. The group is notorious for its clashes with the Armed Forces of the Philippines, most notably during the Marawi siege in 2017. It is designated as a terrorist organization by the Philippines, Malaysia, and New Zealand.

"This court ruling is another testament to the State's commitment to upholding the law, proving yet again that justice will prevail," said Justice Secretary Jesus Crispin "Boying" C. Remulla.