Prosecutors recommend murder, violation of anti-hazing law vs PMA cadets, doctors
MANILA, Philippines — Baguio state prosecutors recommended the filing of murder and violation of anti-hazing charges against military cadets and officers over the fatal hazing of Philippine Military Academy Cadet 4th Class Darwin Dormitorio in 2019.
Dormitorio, a 20-year old cadet from Cagayan de Oro, died due to hazing on Sept. 18, 2019. He was considered the first casualty of hazing after the tougher anti-hazing law was signed last year.
In a 66-paged resolution, a three-member panel of prosecutors recommended filing charges for violation of anti-hazing law and murder are recommended to be filed against Cadet Third Class (3CL) Shalimar Imperial Jr. and 3CL Felix Lumbag Jr.
Murder charges are also to be filed against Capt. Flor Apple Apostol, Major Maria Ofelia Beloy and Lt. Col. Ceasar Candelaria. Apostol and Beloy are PMA doctors while Candelaria was commanding officer of the PMA hospital.
3CL Julius Carlo Tadena is charged with violation of the anti-hazing law and less serious physical injuries, while Cadet Second Class Christian Zacarias is indicted on slight physical injuries.
Complaints against Cadet First Class Axl Rey Sanopao, 3CL Rey David John Volante, 3CL John Vincent Manalo, Major Rex Bolo and Capt. Jeffrey Batistiana were dismissed due to lack of probable cause.
The prosecutors also junked criminal raps against Lt. Gen. Ronnie Evangelista and Brig. Gen. Bartolome Vicente Bacarro, who resigned in September 2019, also for lack of probable cause.
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Assistant City Prosecutors Margarita De Guzman Manalo, Edwin Brian Sagsago and Philip Randolg Kiat-Ong were assigned on the case. The resolution, signed by Manalo and Sagsago, was confirmed by Prosecutor General Benedicto Malcontento.
Murder charge
"Looking back at hindsight, the untimely demise of Dormitorio was the result of several missed opportunities and a series of mishandling of facts and decision-making," the prosecutors said.
They noted that Imperial and Lumbag were Dormitorio’s upperclassmen and buddies, and a plebe is always under strict obligation to comply with an upperclassman’s order.
“The attacks on Dormitorio were all careful and deliberate, where, not only were his buddies able to accomplish there attackes [sic] without risks to themselves, but also that the position of strength was notoriously selected and taken advantaged by Lumbag Jr. and Imperial Jr. as the principal assailants in perpetrating the offense,” the resolution read.
The prosecution held that the “repeated maltreatment and physical abuse suffered by Dormitorio is by no less cruel, harsh, and vicious.”
They added that there is “community of purpose and design between Imperial and Lumbag” on their physical abuse of Dormtorio which “became the proximate cause of death.”
In the case of the PMA doctors, the prosecution said that the crime of reckless imprudence and gross negligence of the Apostol, Candelaria and Beloy “probably resulted in the death of Dormitorio.”
The doctors, the prosecutors said, “grossly failed to provide adequate medical care to Dormitorio, which also caused the latter’s death.” — Kristine Joy Patag with reports from The STAR/Emmanuel Tupas
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