Abu Sayyaf leader is presumed alive

Kidnapping charges filed against Abu Sayyaf leader Abu Sabaya are still valid since he is still considered legally alive, said Justice Secretary Hernando Perez.

"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," Perez noted.

Abu Sabaya shall remain charged with the crime of kidnapping that resulted in the murder of U.S. missionary, Martin Burnham, during a rescue operation in Zamboanga del Norte on June 7, the beheading of American hostage, Guillermo Sobero, on June 12 last year, and the killing of other civilians in the southern Philippines, said Perez.

Sabaya, whose real name is Aldam Tilao, is legally presumed alive because no proof of his death has been presented in court, Perez explained.

On June 21, Marines and commandos from the Navy's Special Warfare Amphibious Group (SWAG) intercepted Sabaya and six of his companions while they were escaping aboard a pumpboat in Manitubo Point off Sibuco town, Zamboanga del Norte, southern Philippines.

Sabaya was reportedly shot and fell in the water and four of his men were captured. But Sabaya's body was not recovered.

President Gloria Macapagal-Arroyo declared him officially dead and ended an operation meant to recover his body. Many said he could have swum safely ashore and escaped the military dragnet.

A person who has been missing for seven years is presumed dead under the law but he must be declared dead by a competent court, explained Justice Undersecretary, Manuel Teehankee.

In the Philippines, the civil registrar of the city or municipality certifies the death of a person.

But up to now, the local civil registrar of Sibuco town has not issued the death certificate of Sabaya, officials said.

Perez said he has ordered National Bureau of Investigation (NBI) Director, Reynaldo Wy-coco, to coordinate with police agencies in other south-east Asian countries, as well as the U.S. Federal Bureau of Investigation, for a regional and worldwide manhunt for the remaining Abu Sayyaf leaders.

"We will ask the host country to arrest them and turn them over to us pursuant to the extradition treaty," Perez said. "The possibility of the (Abu Sayyaf) seeking refuge in nearby Malaysia, is now remote." The NBI has asked the Bureau of Immigration to place the Abu Sayyaf terrorists in the bureau's hold-departure list to stop them from fleeing.