Prosecution orders release of 3 tagged in Dacera case
MANILA, Philippines (Updated 6:21 p.m.) — State prosecutors ordered the release for further investigation of three of the persons linked in the death of flight attendant Christine Dacera who was found unconscious in a hotel room on New Year.
Prosecutor General Benedicto Malcontento in a message to reporters said that state prosecutors “resolved to refer the case for further investigation, and to release the arrested persons from detention. They are:
- John Pascual Dela Serna III
- Rommel Daluro Galido
- John Paul Reyes Halili
Malcontento said after inquest proceedings, the Office of the City Prosecutor, Makati City resolved that “there is a need to conduct preliminary investigation of the case.”
Police reports said Dacera, 23, was found dead in a hotel bathtub in Makati after a New Year's Eve party with friends. She was rushed to the hospital, but was pronounced dead.
Malcontento said the preliminary investigation is needed to determine the following facts:
- whether Christine Angelica F. Dacera was raped and/or killed, and if yes, the identities of the persons responsible therefore
- whether the death was by reason or on occasion of rape or for other reasons—the actual cause of death.
With the complaint referred for preliminary investigation, the three are now deemed as respondents to the case. They will also be given an opportunity to defend themselves by filing their counter-affidavits.
Evidence insufficient to establish sexual assault
The Philippine National Police said they filed a complaint of rape with homicide against the three. The initial medico-legal report received by Makati police acknowledged that lacerations were found in Dacera’s thighs as well as contusions on her knees.
“After a thorough examination of the evidence presented on inquest, this Office finds that there are certain matters that need to be clarified to determine the participation and culpability of each respondent for the alleged rape and killing of [Dacera],” the resolution penned by Assistant City Prosecutor Joan Bolina-Santillan read.
“At this point, the pieces of evidence so far submitted are insufficient to establish that she was sexually assaulted or raped. And, if sexual assault/rape was committed, who is/are the person/s responsible?” the resolution further read.
The prosecution also said there was no evidence to prove the exact cause of death of Dacera. “No evidence medically or scientifically was presented to prove that the cause of death or the rupture of aortic aneurysm was by reason of the alleged rape,” it added.
The prosecution stressed that the police have yet to submit results of the DNA analysis, toxicology/chemical analysis and histopath examination.
Complaint against at-large others for preliminary investigation
The prosecutor general added that the complaint against the eight others linked in the case, and who are still at large, will also under the same preliminary investigation. They are:
• Gregorio Angelo de Guzman
• Clark Jezreel Rapinan
• Valentine Rosales
• Mark Anthony Rosales
• Rey Englis
• Louie de Lima
• Jammyr Cunanan
• A certain Ed Madrid
Preliminary investigation is set on January 13.
General Debold Sinas, PNP chief, gave a 72-hour ultimatum against those tagged in the case but remain at large, warning them that they police will “hunt [them] down using force if necessary” if they will not surrender.
The PNP earlier said the 72-hour ultimatum is a period to await for the issuance of a warrant of arrest that would serve as a legal basis of the order.
By Wednesday morning, a Rappler report quoted Sinas as saying that will use their subpoena powers instead against the suspects.
Police insisted that Dacera was raped, but at least one of the respondents, De Guzman, pointed out that the allegation is absurd as he is gay. He added that he also tried to revive Dacera.
The National Bureau of Investigation is conducting a second autopsy on the body of Dacera, as it assists the police in determining the cause of death of the flight attendant.
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