The Makati Regional Trial Court has acquitted former Autonomous Region of Muslim Mindanao (ARMM) governor Nur Misuari and seven other officers of the Moro National Liberation Front (MNLF) of the rebellion charges filed against them due to a 2001 uprising in Jolo, Sulu that killed at least 100 people and displaced several others.

In a 10-page decision released Wednesday, Judge Winlove Dumayas of the Makati RTC branch 59 granted affirmatively the demurrer to prosecution evidence filed by Misuari and his co-accused, in which they claimed that the Department of Justice failed to establish their alleged involvement in the uprising on November 19, 2001.

Dumayas sided with Misuari when the Muslim leader asked the court to dismiss the case on ground of insufficiency of evidence.

The judge said the acquittal of Misuari and his cohorts is merited by the fact that there is no evidence of rebellion for not a single witness has claimed that the accused had taken up arms against the government or that they attacked the 104 Brigade in Busbus, Jolo on November 19, 2001.

“If his co-accused are to be acquitted for total lack or insufficiency of evidence, so must chairman Misuari be also acquitted as no evidence of conspiracy was ever established against him and he too had not been shown to have committed overt acts or elements of the crime of rebellion,” Dumayas said.

The judge added that the prosecution has failed to establish the guilt of the accused when it fell short of evidence that are sufficient enough to convict.

“The prosecution failed to discharge the burden of proving the guilt of the accused beyond reasonable doubt. Perforce, this case admits of no other result but acquittal,” Dumayas added.

Aside from dismissing the case against Misuari and his co-accused, Dumayas also ordered the release of the bail bond posted by the accused. Before his acquittal, Misuari was enjoying temporarily liberty after he posted a bail bond of P50,000 last April 4, 2008.