The two brothers who had been arrested on suspicion of being terrorist dissidents were ordered released Monday by the Regional Trial Court Branch 41, following the recommendation of the City Prosecutors' Office in Dumaguete City, Oriental Negros.

Presiding Judge Araceli Alafriz of RTC Branch 41issued the release order dated Jan. 16 to Daniel and Editho Bubila, residents of Kabasalan, Sibulay, Zamboanga del Sur, who had been charged with illegal possession of incendiary device, punishable under Republic Act 1866. Upon perusal of city prosecutor Ma. Angelita Alcoran's findings, Judge Alafriz said there is no cause of action against both accused, as the items seized from them by the security escorts of Super Ferry 2 vessel yielded negative to the tests for the presence of explosive ingredients.

Findings showed that Specimen A was not found in the possession of both accused and even if it was, it is neither a firearm, an explosive or an incendiary device that would make them liable for violation of PD 1988, the court said.

Alafriz directed city jail warden, Maj. Waldimar Villanueva, to immediately release the two brothers from detention upon receipt of the order.

Prosecutor Alcoran has a strong reason to believe that the recovered highly flammable and toxic substance on board Super Ferry 2, could have been the property of the shipping company and was placed on top of a container van for fumigation purposes, intended to kill rats, cockroaches, or pesticides, it added.

The court also ruled that a careful reading of the literature on the aluminum phosphide showed that it is "restricted use pesticide," and maybe used only by certified applicators. It is used as an indoor fumigant for agricultural food commodities and non-food commodities and as an outdoor fumigant for burrowing rodents and mole-control, it also said.

During the re-investigation conducted on Dec. 23, 2005, Richard Pamen and Joriel Tolomoro, crew of Super Ferrry 2, failed to appear despite due notice to their given addresses.

After a more thorough evaluation and review of the records, Alcoran said she found the evidence against the suspected terrorists to be wanting and insufficient to warrant a finding of probable cause against them.

The findings also showed that Editho Bubila, who was sleeping in his assigned bunk, should not have even be arrested and detained along with his brother Daniel.

Daniel Bubila who has shown signs of mental disorder had earlier presented a discharge record from the National Center for Mental Health dated Nov. 25, 2003.*

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