Court of Appeals upholds acquittal of 22 in 2002 Abu Sayyaf kidnapping

The Court of Appeals (CA) has affirmed a Taguig City Regional Trial Court decision acquitting 22 alleged members of the Abu Sayyaf Group (ASG) accused of involvement in the 20 August 2002 kidnapping of six Jehovah’s Witnesses and their guides in Patikul, Sulu.

In a 16-page decision penned by Associate Justice Eleuterio Bathan and dated 23 October 2026, the CA Fourth Division ruled that while the kidnapping and subsequent beheadings undeniably took place, the prosecution failed to establish the identities of the 22 accused beyond reasonable doubt.

The appellate court noted critical flaws in the prosecution’s case, particularly the failure of the primary witness to provide detailed physical descriptions of her captors immediately after her escape.

The formal identification of the suspects was also significantly delayed, taking place more than a decade after the incident and only after the accused had been arrested between 2004 and 2015.

In denying the appeal filed by the government through the Office of the Solicitor General, the CA emphasized that without certainty in the identification of the accused, the constitutional presumption of innocence must prevail.

“Because she could not provide a proper prior description of the private respondents, her identification was dubious,” the ruling stated.

The CA said the unreliability of Mantec’s identification was further underscored by the fact that her attention had been divided among the numerous men guarding them, as well as the trauma she endured, including the beheading of her husband and being forced to change her religion and marry into the group.

“Consequently, the petitioner failed to prove that the private respondents were properly identified as the authors of the crime,” the CA said.

Court records showed that the victims, identified as Mantec, Leonel Mantec, Cleofe Montolo, Lemuel Montolo, Florida Montolo and Norie Bendijo, were in Taglibi, Sulu, to conduct ministry work and sell cosmetics, herbal medicine and other products.

While selling their products door-to-door, they were accused by a woman of being military assets, prompting them to return to Jolo, Sulu.

However, alleged ASG members intercepted and took them captive.

Leonel was beheaded on the same night, while Lemuel was beheaded the following day.

Their captors later demanded P6 million in ransom for their release.

Mantec and Cleofe escaped captivity on 18 April 2003, while Florida and Norie escaped on 6 May 2003.