Balintang shooting: No death certificate, no homicide

MANILA, Philippines - Is he really dead?

This was the issue raised by a lawyer representing seven personnel of the Philippine Coast Guard (PCG) accused in the Balintang shooting incident in seeking the dismissal of a homicide case against his clients.

In a motion filed with a Batanes court, lawyer Rodrigo Moreno asked Judge Ramon Barona to dismiss the charges since no death certificate had been produced showing 65-year-old Taiwanese fisherman Hong Shi Cheng is dead.

“The information in the case does not charge an offense since the evidence does not show that Hong Shi Cheng, the supposed victim, is actually dead. There was no homicide committed,” Moreno said.

Moreno represents the seven accused PCG men – Seaman Second Class Nicky Reynold Aurello; Seamen First Class Endrando Quiapo Aguila, Mhelvin Aguilar Bendo II, Andy Gibb Ronario Golfo, Sunny Galang Masangkay and Henry Baco Solomon, and Petty Officer 2 Richard Fernandez Corpuz.

The lawyer said he no longer represents Commander Arnold dela Cruz, the eighth accused in the case.

Moreno said the charges should be junked because “the plaintiff did not attach any death certificate, autopsy report, or any similar document or evidence that proves Hong’s death.”

He cited a resolution dated Dec. 20, 2013 of the Department of Justice, which said the complainant admitted it had no proof of Hong’s death.

Moreno said Ruperto Sombillon, medico-legal officer of the National Bureau of Investigation, reportedly said that Taiwan authorities were hesitant to give the death certificate and autopsy report.

In his affidavit dated Sept. 9, 2013, Sombillon reportedly stated that he never saw Hong’s remains and had not performed an autopsy.

Moreno said the affidavit shows that Sombillon had no personal knowledge of the victim’s death and his statements regarding Hong’s death are mere hearsay.