PNP explains why Dacera rape-slay case is considered ‘solved’
Marje Pelayo • January 6, 2021 • 2165
MANILA, Philippines — The Philippine National Police (PNP) has released details as to why they consider the rape-slay case of flight attendant, Christine Dacera, as solved.
“For purposes of uniformity in crime reporting, the PNP is guided by existing issuances by the National Police Commission particularly Memorandum Circular No. 94-017,” the PNP Public Information Office (PIO) posted on Facebook on Tuesday (January 5).
The said memorandum circular provides that a case shall be considered “solved” when the following elements occur:
1. the offender has been identified;
2. there is sufficient evidence to charge him;
3. the offender has been taken into custody; and
4. the offender has been charged before the prosecutor’s office or court of appropriate jurisdiction.
The PNP concluded that since all four elements are present in the Dacera case, it is thus considered “solved”.
Three suspects in the rape-slay case were arrested by the PNP while PNP Chief Debold Sinas gave nine others 72 hours to surrender or they would become subjects of manhunt operations.
One of them, Gregorio de Guzman, the son of veteran singer Claire dela Fuente surfaced and said he is not hiding as he is innocent and maintained he is gay and incapable of raping the victim.
Based on the police’s initial investigation, Dacera checked-in at the City Garden Hotel in Makati City for a New Year’s Eve party. Her body was found on January 1 in a bathtub and was pronounced dead after she was rushed to the hospital.
MANILA, Philippines – Companions of flight attendant Christine Dacera at a Makati Hotel where she was found unconscious on January 1 will file counter charges against her family, their legal counsel said Monday.
Lawyer Mike Santiago, who represents five of the 11 respondents in the case, said his clients are contemplating filing perjury, and malicious incrimination or prosecution charges against the camp of Dacera for allegedly making unfounded claims against them. They will also seek moral damages.
Santiago said they will also take legal action against some personnel of the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) for alleged injustices committed against his clients.
“We’re no longer taking this on the defensive side na lang. We will face also these accusers head on na lagi lang kaming depensa ng depensa eh,” he said.
“Ang kalaban namin is yung family and right now it seems tahimik na sila but bakit pati yung NBI ang daming nakikisawsaw sa isyu na ‘to? Ang daming kailangang tuonan ng pansin ng bansa hindi lang itong case na ‘to,” Alain Chen, one of the respondents in the case, said.
The NBI last Friday filed perjury, obstruction of justice, reckless imprudence resulting in homicide, and violation of the Comprehensive Dangerous Drugs Act against Dacera’s companions, hours before her death on January 1.
The NBI also recommended filing an obstruction of justice against their legal counsel, Neptali Maroto, and falsification of an official document by a public officer charges against Southern Police District medico-legal officer Michael Nick Sarmiento, who first conducted the autopsy on Dacera’s remains.
But the respondents questioned the complaints, calling it an overkill and the NBI investigation unfair.
“Sino ba ang kalaban talaga ng mga respondent? Una PNP pati si chief PNP up to the chief when he said case closed. Kala ko ba case closed na? Next, sino ba ang Dacera family ba? Ang PNP ba? NBI? All of the above?” Santiago said.
The lawyer said they are not inclined to enter into an amicable settlement.
Santiago also questioned the reckless imprudence resulting in homicide complaint filed against his clients as this only applies to erring drivers and doctors.
On the violation of the dangerous drugs act, the lawyer said his clients tested negative for illegal drug use.
Dacera was found unconscious in a bathtub at a Makati Hotel room on January 1 after a night of merry-making with friends. Her companions said they tried to revive her and rushed her to a hospital where she was later declared dead.
Her family believes she was drugged and sexually abused.
The PNP said in its medico-legal report that Dacera died of natural causes, ruling out homicide as the cause of death. The report stated that she died of a ruptured aortic aneurysm that was triggered by an increase in blood pressure. – RRD (with details from Correspondent Dante Amento)
MANILA, Philippines – The National Bureau of Investigation (NBI) on Friday recommended the filing of several criminal charges against 11 individuals in connection with the death of flight attendant Christine Dacera.
Among the charges filed by the NBI before the Department of Justice (DOJ) are perjury, obstruction of justice, reckless imprudence resulting in homicide against those who were with Dacera hours before her death on January 1.
Facing the obstruction of justice charges are Mark Anthony Rosales, Romel Galido, John Pascual Dela Serna III, Darwin Joseph Macalla, Gregorio Angela Rafael de Guzman, Jezreel Rapinan, Alain Chen, and Reymar Englis.
The NBI also recommended filing an obstruction of justice charge against their legal counsel, Neptali Maroto.
The NBI also found cause to recommend charges of reckless imprudence resulting in homicide against Dela Serna, Rapinan, Chen and Loiue De Lima for “recklessly neglecting the condition of victim Dacera which led to her untimely death.”
Perjury charges were also recommended against Galido, Dela Serna, and Macalla.
Rosales was recommended for prosecution for introducing party drugs to his companions after investigation showed that he and Galido tried to deliver or give away illegal drugs during their party.
The NBI also filed falsification of an official document by a public officer charges against Southern Police District medico-legal officer Michael Nick Sarmiento, who first conducted the autopsy on Dacera’s remains.
Dacera was found unconscious in a bath tub at a Makati hotel on January 1 after a night of merry-making with friends. Her companions said they tried to revive her before rushing to the hospital where she was later declared dead.
Her family believes she was drugged and sexually abused.
The PNP said in its medico-legal report that Dacera died of natural causes, ruling out homicide as the cause of death. The report stated that she died of a ruptured aortic aneurysm that was triggered by an increase in blood pressure.
MANILA, Philippines — Tinapos na ng Makati Prosecutor’s Office ang preliminary investigation ng kasong rape with homicide laban sa mga nakasama ng flight attendant na si Christine Dacera nang araw na siya ay namatay.
Ayon kay Atty. Mike Santiago na abogado ng limang respondent, submitted for resolution na ang kaso kung saan hihintayin na lang ang desisyon ng investigating prosecutor batay sa naipresentang ebidensya ng magkabilang panig.
“This case is already submitted for resolution. Ito’y matapos na magsubmit ang most of the respondents ng kanilang respective rejoinder affidavits,” pahayag ni Santiago.
Inaasahang tatagal ng dalawang buwan bago mailabas ng piskalya ang resolusyon.
Sa pagdining ngayong Miyerkoles (February 17), wala nang karagdagang ebidensya na naibigay ang complainant at hinihintay pa rin nila ang report na ilalabas naman ng National Bureau of Investigation (NBI).
“Hinihintay lang naman namin ‘yong final word na manggagaling sa NBI kung meron man silang findings na iba or iko-collaborate lang nila ‘yong findings dito ng PNP. Either way ang kampo lang naman ni Mrs. Dacera ay naghihintay,” pahayag ni Atty. Jose Ledda, ang abogado ng ina ni Christine na si Sharon Dacera.
Maging ang Philippine National Police (PNP) ay bigo pa ring maibigay ang toxicology report.
Naghain lang ng rejoinder affidavits ang ilan sa mga respondent para sagotin ang reply-affidavit ni Sharon Dacera.
Naniniwala naman ang mga abogado ng mga respondent na madi-dismiss ang kaso dahil walang sapat na ebidensya o probable cause na magdidiin ang kanilang kliyente batay na rin sa medico-legal report ng PNP.
“Positive naman kami na walang matibay na…walang matibay na ebidensya na iprinisenta ang mga complainants maging ang PNP upang maging batayan sa pagsasampa ng anomang kaso,” pahayag ni Santiago.
Sa ngayon, ang tanging hangarin ng lang ng mga respondent ay ang malinis ang kanilang mga pangalan sa kaso. MNP (sa ulat ni Dante Amento)
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