MANILA, Philippines — Three persons who were arrested by police in connection with the death of flight attendant Christine Angelica Dacera were ordered released from detention yesterday for lack of evidence by the Makati prosecutor’s office.
The complaint filed against John Pascual dela Serna III, 27; Rommel Galido, 29, and John Paul Halili, 25, was referred for preliminary investigation by Assistant City Prosecutor Joan Bolina-Santillan to determine whether Dacera was raped and murdered, according to Department of Justice General Prosecutor Benedicto Malcontento.
The three are facing charges of rape with homicide.
Malcontento said the case against eight other suspects who remain at large would also undergo preliminary hearing next week.
During preliminary investigation, he said prosecutors determine whether there is sufficient basis to file charges in court against the respondents.
Santillan said a preliminary hearing should be conducted as police have yet to submit the results of the DNA analysis, toxicology and histopath examinations on Dacera.
“There is no proof yet to conclude that rape caused Dacera’s death. There were no testimonies to support the police claim of rape-slay,” Santillan said.
NCRPO chief: Case unsolved
Contrary to the declaration of Philippine National Police (PNP) chief Gen. Debold Sinas that the death of Dacera has been solved, National Capital Region Police Office director Brig. Gen. Vicente Danao Jr. said the case remains unsolved as there is no conclusive evidence that she was killed.
Danao said the filing of provisional charges of rape with homicide against the 11 suspects is premature.
He admonished the Makati police, which filed the cases even if there is still no solid evidence that Dacera was killed.
“Definitely there is no conclusive evidence that somebody killed her. Actually, I have to be very frank,” he said in an interview with “The Chiefs” aired on One News/TV5 on Tuesday night.
Sinas maintained that what happened to the 23-year-old flight attendant was a case of rape-slay.
Danao, a seasoned investigator, said it is too early to conclude if Dacera was killed as no witnesses have come forward to identify any of the suspects as the culprit.
“There is no other evidence na magtuturo sa 11 suspects,” he said.
Danao said administrative complaints may be filed against the Makati police investigators if it is established that they bungled the handling of the case.
Chief presidential legal counsel Salvador Panelo said judgment on the death of Dacera should be reserved until the probe is finished.
NBI to reautopsy Dacera
The National Bureau of Investigation (NBI) will conduct a reautopsy on Dacera to determine what really caused her death, Justice Secretary Menardo Guevarra said.
Guevarra said the information came from NBI officer-in-charge Eric Distor.
On Tuesday, Dacera’s family asked for a second autopsy and medico-legal examination of her remains.
The flight attendant’s family refuted police findings that she died of ruptured aortic aneurysm.
Sinas said there might be more suspects based on the CCTV footage at the City Garden Hotel where Dacera was found dead on Jan. 1.
Reports said seven other men joined Dacera and her friends during the New Year’s Eve party.
Gregorio de Guzman, one of the suspects in the death of Dacera, said he would cooperate with the police investigation.
“I am not hiding, I am just following the instructions of my lawyer,” De Guzman, son of singer Claire dela Fuente, said.
De Guzman maintained that Dacera was not raped, adding the cases filed against them were baseless.
Two photos that went viral on social media showed details of the medico-legal report on Dacera.
Based on the “confidential report” done by the Southern Police District crime laboratory office, Dacera’s genitals had “deep healed lacerations” and “there was no presence of semen.”
Dacera’s mother, Sharon, a Marine reservist, expressed confidence they would obtain justice.
Sen. Manny Pacquiao is offering P500,000 reward to anyone who can identify the culprits in Dacera’s death.
Her remains were brought to Camp Crame last night.
The PNP granted the request of Dacera’s family for the final viewing to held at Crame.
Dacera’s body will be flown to General Santos City today. – Ghio Ong, Alexis Romero, Cecille Suerte Felipe, Emmanuel Tupas