Tuesday, March 29, 2011

Kidnap for Ransom,First Quarter 2011,Part III: Cris Neil Gulfan,Aubrey Virtudez and Aiden Yu

On February 19, 2011, 24 year old Cris Neil Gulfan and his 19 year old girlfriend Aubrey Virtudez decided to spend a quiet afternoon in a computer cafe located just off of the Mindanao State University campus in Marawi City, Lanao del Sur Province. As Cris was walking Aubrey to her dormitory on 7th Street, Macarambon Cottage, a maroon coloured Isuzu Trooper skidded to a halt beside the couple and forced them into the SUV before speeding away. Mr.Gulfan is employed by AKIC (al Khawirizam International College, a new community college on National Hiway in Marawi City and is from Pagadian City in Zamboanga del Sur Province. Ms.Virtuez hails from Tagoloan in Misaims Occidental Province and is studying Information Technology at Mindanao State University (MSU).

As with almost all Marawi City KFRs (Kidnaps for Ransom") the victims were held in and around the municipality of Poona Piagao. The last MSU students kidnapped were on December 10, 2010, the end of the last quarter. Those 2 students were taken by that same group in Poona Piagapo and just as in that case the release of the hostages was facilitated by the Mayor of Marawi City, Hadji Fahad Salic. Philippine Libel Laws being what they are (not to mention assassinations) let me just say that KFR is a huge source of revenue in some parts of the island, Marawi is certainly one of those areas. Likewise, executives of local government are almost always involved in one way or another, whether it be actual involvement or by simply looking the other way in exchange for "donations."

Within this first quarter of 2011 two former mayors have been subjected to manhunts over their involvement in KFR (both on Basilan Island, and both having been just as involved while they held public office). More informative perhaps is the current imbroglio with Vice Mayor Muslimin Sema of Cotabato City, in North Cotabato Province. Mr.Sema, who is also the Chairman of the MNLF's EC-15 faction (Executive Committee of 15, a Maguindanowan Tribal-centric faction that broke with the MNLF over Chairman Nur Misuari's ineptitude as Governor of ARMM (Autonomous Region of Muslim Mindanao), had served as Mayor of his city before reaching the maximum limit of 9 years in 2010. More to the point, Vice Mayor Sema was formally charged in one of the most recent Tsinoy (Chinese-Filipino) KFRs that have been plagueing that city for more than 2 decades.

Sema wasn't the only public official charged but was specifically listed as the shot caller, the man pulling all the strings. Other local officials charged in this case are:

1) Esmael Dauley, a retired police officer and ex-city Administrator.

2) Sukarno Sema, aside from being the brother of the illustrious Muslimin Sema, this Sema slash Kidnapper is also a City Councilor for Cotabato City

3) Salaban Diocolano, Mayor of Kabantulan, Maguindanao Province, within shouting distance of Cotabato City

4) Rolly Solano

5) Alim Budi, the last 3 all being family members of Muslimin Sema. I never thought of Kidnapping as a family activity but hey, to each his own.

6) Mohaliden Baguilan

7) Musib Indal

8) Teng Sipe

9) Ustadz Jack Utto who is better known as "Randy Zamora"

10) Abusama Gumbay

11) Joemar Guiamat

12) Salindato Dimalin, #s 6 thru 12 being well respected businessmen and civic leaders in GenSan. They were arrested en masse on January 20th.


Charged by Cotabato City Prosecutor Wilfred Buyco in Regional Trial Court #13, in Cotabato City under Judge Bansawan Ibrahim, Vice Mayor Sema was joined by 22 more co-defendants:

1) Toks Datukan

2) Hadja Sittie Midtimbang

3) Khadaffy Guiamelon

4)_Nasrudin Sangko

5) Datu Boy Mastura

6) Lukman Mastura

7) Datu Lukman Mastura

8) Ali Tanto

9) Nasser Tanto

10) Nasser Kaunting

11) Kagui Manan Kaunting

12) Totoh Ulang

13) Hadji Ali Abas

14) Nasirin Unko

15) Tabe Sadat

16) Ustadz Norhan Kamad

17) Teng Osmena

19) Ryan Pua

20) Rashid Disumimba

21) Akmad Mahdi Dumasangkay

22) "John Doe"


The charges against Vice Mayor Sema and the last 22 co-defendants were initiated via an Ammendment to the original Charge Sheet. They didn't last long however because Judge Ibrahim handed out a Ruling citing "Insufficient Evidence" (pp7 of the 8pp Decison). The judge, in his infinte wisdom, declared that the 7 sworn Affadavits collected from a van full of gang members nabbed at a GenSan (General Santos City) checkpoints were riddled with both "Hearsay" and "Reasonable Doubt" as to their veracity. Prosecutor Buyco has filed a Motion for Reconsideration on that Decison AS WELL AS a Motion for Inhibition against Judge Ibrahim for what Buyco says is the judge's highly prejudicial verbiage as well as his having overstepped his legal authority in that he was supposed to merely rule oN the legality of the warrants, not judge the credibility of witnesses, so on and so forth. So, Vice Mayor Sema is once again unencumbered and free to "pull strings" until his heart's content. In the meantime, Prosecutor Buyco has appealed directly to Secretary of the Department of Justice Leila de Lima to quickly transfer him out of Mindanao citing credible threats agaimst his life. Gee, wonder who could be threatening the man. Buyco has since bowed out of the melodrama and has been replaced by his compatriot, Prosecutor Al Calica who is carrying on with Buyco's Motions of Reconsideration and Inhibition.

The original case, which included Sema, was Case #2011-4296 filed in Regional Trial Court #1 under Judge George Jabido. Judge Jabido then rescused himself for personal reasons and so the case ended up in front of the afore mentioned Judge Ebrahim in Regional Trial Court #13. In Prosecutor Buyco's appeal to Secretary de Lima he asked that she appoint a Special Prosecutor in the matter so as to avoid the inherent bias carried by any local prosecutor (a "bias" towards preserving one's life, not to mention that IF the prosecutor were to do his or her job, as Buyco and Calica have done, they would be risking not only thir own life but the lives of their families as well).


The case in question is the February 10, 2011 KFR of Yu Lo Yu Lim, better known as "Aidan Yu." In fact, Sema is also being accused of masterminding other Cotabato City KFRs, including the Attempted KFR of Eulogio Tan on January 08, 2011, a case I will discuss in a subsequent entry. The current case, that of Aidan Yu, was just one of many involving Cotabato City Tsinoy. Tsinoy (Chinese Filipinos) tend to use more Filipino sounding names when dealing with non-Chinese. It is also worth noting that for Chinese, the surname comes first so that Yu Lo Yu Lim's surname is "Yu," not "Lim."

On the day in question Aidan Yu and his wife Kathy Yu spent an hour gambling in the San Garden Hotel Casino on Governor Gutierrez Street, just meters from the entrance to the ARMM Capitol Comlex. In terms of personal security Mindanao doesn't offer much better than this. Aside from soldiers from the regular detachment of infantryman from the 6ID (Infantry Division), there were Marines from MBLT-7 (Marine Battalion Landing Team 7, a "Landing Team" is analogous to an army battalion in terms of strength, utilisation and so on. The Marines had recently deployed to Cotabato City at the insistence of that city's Tsinoy Community who form the municipality's economic backbone (just as Tsinoy do in most any Philippine city). The Tsinoy threatened to abandon the city unless it got a rapid Marine deployment. Aside from the Army and the Marines there were PNP (police) from various elements (Cotabato City Municipal, North Cotabato Provincial and ARMM Regional) who augment the 1 platoon from the provincial PMG (Police Mobile Group) in a dedicated deployment to the complex. To top it all off, the hotel maintains a small paramilitary who guard its perimeter ferociously, and yet on this night Aidan Yu was targeted directly in front of the well lit plaza in front of the Casino entrance.

Leaving via the front entrance at 9PM Mr.Yu waited for his wife who had tarried behind in need of the comfort room (Felipino term for loo, bathroom, etc.). As the 56 year old man stopped to light his cigarette a red Toyota Corolla barreled down Governor Guitierrez Street, screeching to a halt in the plaza just a couple of meters from the stunned Mr.Yu. 2 men who had been standing in the plaza pretending to be patrons of the hotel quickly grabbed Mr.Yu just as a 3rd man jumped from the vehicle with an M16. The two men, now brandishing 45 caliber pistols pushed the stunned Yu towards the car's open door. As the kidnappers were getting him into the car though, hotel guards (paramilitary soldiers) opened fire. It was at this point that 2 gunmen riding tandem on a single motorcycle sped across the plaza spraying pistol fire which offered covering fire and a diversion that then allowed the Corolla to escape with Mr.Yu. Quickly the car sped off in an easterly direction trying to reach the border of Ligusan Marsh.

Less than 30 minutes later the Corolla was found empty on Don Andres 0alonzo Street in Barangay Rosary Heights #11. Very worrisome was the massive amount of blood found staining the rear seat, the seat which had held Mr.Yu. Shortly afterward Mrs.Yu received the requisite demand for Ransom. The Yus together own the city's largest and oldest hawsware store, a baker and a cafe and so they were therefore gauged as "big fish." The initial demand was for 50 Million Pesos, roughly 1 Million Euros. Negotiations proceeded but when the requisite POL (Proof of Life, usually a video showing the kidnap victim standing and talking as he holds that day's newspaper in front of him so as to show he is alive and well on the day in question) was not forthcoming negotiations hit a wall. After all, there were those blood stains to worry about. The Philippines do not have much of a forensics capability and so they usually rely on the American FBI (Federal Bureau of Investigation) to do the job for them. Ergo it wasn't until mid-March before DNA Testing showed that the massive amount of blood in the get away vehicle did indeed belong to Aidan Yu. Having gotten intelligence very early on that Mr.Yu had died in Ligusan Marsh from wounds received as he was being dragged across the hotel plaza, it is all but a closed case at this point, unfortunately.

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