Conviction possible even without body — DOJ

Amid the expected search for the bodies of the missing sabungeros in the Taal Lake, Justice spokesperson Atty. Mico Clavano on Wednesday said that convicting an individual of a crime is still possible even without the remains of the victims.

“Conviction is still possible without producing the body as long as you prove the fact of death in court,” Clavano said in a message to reporters.

“Obviously, presenting the body or remains will be damning evidence of this. Yet, even without presenting the same, there are many other ways to prove the fact of death,” he added.

According to Clavano, photos or videos of the killing may establish the fact of death.

Whistleblower Julie “Dondon” Patidongan or alias “Totoy” previously said the bodies of the 34 missing sabungeros were buried in Taal Lake.

Clavano said that it is not absolutely necessary to find a body to prove a crime, adding this is consistent with the principle of corpus delicti.

He said corpus delicti refers to the “substance of the crime itself.”

“It consists of the essential elements that must be proven to establish that a crime was actually committed, regardless of whether a suspect has been identified or arrested,” he said.

“Corpus delicti in murder means proving that a person died and that the death was the result of a criminal act,” he added.

Should the remains be found, Clavano said this will become additional evidence.

Justice Secretary Jesus Crispin Remulla had said that authorities will start searching Taal Lake this week for the bodies of the sabungeros.

He said authorities will look into the “fishpond lease” of one of the suspects in the investigation. He had said that this will be the “ground zero” of the search operation.

Meanwhile, the Philippine National Police (PNP) previously said that security efforts are in place in areas where the missing cockfighting enthusiasts or sabungerous could have been brought. — RSJ, GMA Integrated News