DOJ considers Sabaya still alive

No body, no death certificate: Abu Sayyaf leader Abu Sabaya is still alive as far as the Department of Justice is concerned.

Justice Secretary Hernando Perez told reporters yesterday Sabaya, whose real name is Aldam Tilao, is legally presumed alive because no proof of his death has been presented in court.

"We cannot remove his name from the (charge sheet) because there is no proof that he is dead and nobody can certify that he saw the dead body," he said.

On the other hand, Justice Undersecretary Manuel Teehankee said a person who has been missing for seven years is presumed dead under the law but that a competent court must declare him dead.

"(Sabaya) shall remain charged with the crime of kidnapping that resulted in the murder of Mr. (Martin) Burnham and the kidnapping of other innocent civilians, including the death of Mr. (Guillermo) Sobero," he said.

In this jurisdiction, the death of a person must be certified by the civil registrar of the city or municipality where he is believed to have died.

In the case of the 40-year-old Sabaya, he reportedly died during a firefight with Navy commandos a kilometer off Sibuco town in Zamboanga del Norte last June 21.

Therefore the local civil registrar of Sibuco town must issue the death certificate of Sabaya, officials said.

Perez said he has ordered National Bureau of Investigation (NBI) Director Reynaldo Wycoco to coordinate with police agencies in other ASEAN countries, as well as the US Federal Bureau of Investigation (FBI) for a regional and worldwide manhunt for the remaining Abu Sayyaf chieftains.

"We will ask the host country to arrest them and turn them over to us pursuant to the extradition treaty," he said. "The possibility of the (Abu Sayyaf) seeking refuge in nearby Malaysia, is now remote, however, following the (Nur) Misuari incident."

Perez said the NBI has asked the Bureau of Immigration (BI) to place the Abu Sayyaf terrorists in the bureau’s hold-departure list to stop them from fleeing.

"We issued the hold-departure order because the Abu Sayyaf members may leave the Philippines legally or illegally," he said. "So that authorities will be alerted in the event they escape."

Sabaya, along with Abu Sayyaf leaders Isnilon Hapilon, Abu Sulaiman, Hamsiraji Marusi, and Khadaffi Janjalani carry up to $5 million bounties on their heads.

The United States government put up the reward last month before the rescue of American Gracia Burnham and the killing of her husband, Martin and Filipino nurse Edibora Yap.

US Ambassador Francis Ricciardone said the reward will be given to anyone who can give information for the capture of "any and all five" leaders of the Abu Sayyaf.

Sabaya and six henchmen were aboard a pumpboat last June 21 when they were intercepted by Marines and commandos from the Navy’s Special Warfare Amphibious Group (SWAG), in Manitubo Point off Sibuco town.

Following a gunbattle with the Marines and Navy commandos, Sabaya was reportedly shot and fell in the water and four his men were captured.

However, Sabaya’s body had not been recovered and many fear that the wily terrorist could have swam safely ashore and escaped the military dragnet. – Delon Porcalla