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OFFICE OF PROVINCIAL PROSECUTOR OF ZAMBOANGA DEL NORTE v. CA

This case has been cited 2 times or more.

2007-04-11
AZCUNA, J.
An Ad-Hoc Committee was created by the Monetary Board[4] of petitioner BSP on May 26, 1999 to investigate the complaint. After due proceedings, the Committee issued a resolution[5] dated February 16, 2000 recommending the dismissal of the complaint for lack of merit. The Monetary Board adopted the findings of the Committee and accordingly absolved the BSP officials from any administrative liability in its Resolution No. 257[6] dated February 18, 2000.
2003-04-24
PER CURIAM
As regards the argument that the crime was politically motivated and that consequently, the charge should have been rebellion and not kidnapping, we find the same likewise to be without merit. As held in Office of the Provincial Prosecutor of Zamboanga Del Norte vs. CA,[78] the political motivation for the crime must be shown in order to justify finding the crime committed to be rebellion. Merely because it is alleged that appellants were members of the Moro Islamic Liberation Front or of the Moro National Liberation Front does not necessarily mean that the crime of kidnapping was committed in furtherance of a rebellion. Here, the evidence adduced is insufficient for a finding that the crime committed was politically motivated. Neither have the appellants sufficiently proven their allegation that the present case was filed against them because they are rebel surrenderees. This court has invariably viewed the defense of frame-up with disfavor. Like the defense of alibi, it can be just as easily concocted.