DOJ mulls transferring complaints vs. 11 people over Dacera death to Makati prosecutor's office

The Department of Justice (DOJ) is considering transferring the complaints filed against 11 individuals in connection with the death of flight attendant Christine Dacera to the Makati City Prosecutor’s Office for preliminary investigation.

"Ang plano ng DOJ diyan, nakausap ko ang Prosecutor General, ay baka ibalik namin o ipasa namin sa City Prosecutor's Office ng Makati itong kaso na finile sa DOJ proper... para sila na rin ang mag-imbestiga, mag-conduct ng preliminary investigation," Justice Secretary Menardo Gueverra told Dobol B TV on Sunday.

("The DOJ's plan, I have already talked with the Prosecutor General, is to toss to the City Prosecutor's Office of Makati the complaints filed to the DOJ proper... so that they can make a preliminary investigation.")

Complaints for obstruction of justice were filed by the National Bureau of Investigation (NBI) before the DOJ last Friday against Dacera’s companions at a Makati hotel where she celebrated New Year’s Eve.

They are Mark Anthony Rosales, Rommel Galido, John Pascual dela Serna III, Darwin Joseph Macalla, Gregorio Angelo Rafael de Guzman, Jezreel Rapinan, Alain Chen, Reymar Englis, and Louie Delima. Their lawyer Neptali Maroto was also included in the complaint.

The NBI also said Rapinan, Chen, De Lima and dela Serna should be prosecuted for reckless imprudence resulting in homicide for neglecting Dacera’s condition, which “led to her untimely death.” It also accused Rosales of administering illegal drugs.

Galido and Rosales were also charged over their alleged attempt to give away illegal drugs. 

Perjury raps, meanwhile, were recommended against Dela Serna, Galido and Macalla.

A complaint for falsification of an official document by a public officer was filed against Southern Police District medico-legal officer Michael Nick Sarmiento, who ordered the embalming of Dacera’s remains without the consent of her family.

Some of Dacera’s friends were also earlier charged by the police with rape with homicide before the Makati City Prosecutor’s Office.

Gueverra said the Makati City Prosecutor’s Office may choose to resolve the rape with homicide charges along with the newly-filed complaints.

"Yung mga new cases... ang gagawin naman ng DOJ diyan o ng City Prosecutor's Office ng Makati ay mag-conduct ng kaukulang preliminary investigation," he said.

("With the new cases, the DOJ or the City Prosecutor's Office of Makati will conduct an appropriate preliminary investigation.")

"Kaya papadalhan nila ng subpoena itong mga respondents sa mga kasong ito para ma-submit ang kanilang counter-affidavit at controverting evidence kung meron regarding these new complaints that were filed against them," he added.

("A subpoena will be sent to the respondents in these complaints so that they can submit their counter-affidavit and controverting evidence, if there are any, regarding these new complaints that were filed against them.")

Dacera, 23, died on January 1 after a New Year's Eve celebration with her friends. Her family believes she was drugged and sexually abused.

Dacera's friends, however, insisted they did not harm her, instead claiming that they took care of her when she was heavily drunk and until her final moments.

A medico legal report of the Philippine National Police Crime Laboratory ruled out homicide as the cause of death. Instead, the report said Dacera died of a ruptured aortic aneurysm that was triggered by an increase in blood pressure.

The NBI’s toxicology examination on her body, meanwhile, showed presence of diltiazem, a prescription drug used to treat hypertension. The agency also suggested that the cause of death was aneurysm. —KG, GMA News