DOJ dismisses missing sabungeros complaint vs. Gretchen Barretto, others

The Department of Justice (DOJ) has dismissed the complaint filed against actress Gretchen Barretto and others in connection with the missing sabungeros case.

In a 120-page joint resolution, the panel of prosecutors said that the evidence against the so-called Pitmaster Alpha Group, which Barretto was alleged to be a part of, is “speculative and uncorroborated.”

“The Patidongan brothers merely alleged that these persons attended meetings where decisions were supposedly made to ‘punish’ cheating sabungeros,” the panel said.

“However, there is no showing that they gave direct orders, participated in logistics, or had knowledge of the specific abductions. Their alleged ‘approval’ during meetings was unsupported by any document, recording, or independent witness,” it added.

The panel also said that even if Barretto and others were present during meetings where crime is discussed, it does not amount to conspiracy unless there is proof of intent and participation.

Due to this, the panel said the complaint against the group should be dismissed for lack of merit “without prejudice should future evidence arise linking them directly to the unlawful detentions.”

The resolution was welcomed by Barretto’s camp, who previously said that the allegations against her were “unsubstantiated and incredible.”

“As Ms. Gretchen Barretto had steadfastly maintained, there is no truth to the accusations against her. She played no part in the case of the missing sabungeros. Thankfully, the Department of Justice agreed,” Atty. Alma Mallonga, Barretto’s legal counsel, said in a statement.

“Ms. Barretto is grateful to all those who expressed their support and who stood by her throughout her ordeal,” she added.

Jonnel Estomo

Aside from Barretto, the panel also recommended the dismissal of the complaint against former National Capital Region Police Office chief retired Police General Jonnel Estomo, saying he was not linked to any overt act.

“While their names appear in the enumeration attached to Julie’s statement, there is a total absence of any act, statement, or circumstance showing knowledge of, participation in, or agreement to the alleged conspiracy,” it said.

“The mere mention of their names without factual narration of their involvement does not meet the quantum of evidence required to establish a prima facie case,” it added.

Further, the panel noted that the statements against him and others were based on personal assumptions or second-hand information.

The panel said this was hearsay in nature and insufficient to overcome the constitutional presumption of innocence.

Meanwhile, prosecutors found prima facie evidence with reasonable certainty of conviction to charge businessman Charlie “Atong” Ang and 21 others with kidnapping with homicide and/or kidnapping with serious illegal detention.

This stemmed from the complaint filed by families of missing sabungeros against Ang and others for serious illegal detention and multiple murder, among others. 

In the resolution, the prosecutors found that the sworn confessions of whistleblower Julie “Dondon” Patidongan and his brother, Ellakim, established that Ang supposedly exercised command responsibility and active inducement over the abduction operations.

The panel said that the record shows that orders to apprehend “cheating” sabungeros came from Ang and that Patidongan would first report to Ang before any action was taken. After each operation, Ang would allegedly confirm the job to be done.

It said that if taken together, the facts establish a prima facie case with a reasonable certainty of conviction to hold him liable as principal by inducement.

“His orders and financial support constituted indispensable inducement to commit the unlawful detentions. The one who exerts moral ascendancy and provides material support for the crime is equally liable as the material authors,” it said.

“His acts reveal not mere acquiescence but direct supervision of the scheme, using his farm and organization as the staging ground,” it added.

Ang's kin

Meanwhile, the panel dismissed without prejudice the complaint filed against Ang’s children and relatives, saying that the allegations against them were uniform and generalized.

It said that Patidongan claimed that they were part of the household where sensitive meetings and cash distributions allegedly took place and they acted as financial conduits who released reward money.

“Under settled jurisprudence, mere unsubstantiated allegations, particularly those unsupported by independent evidence, cannot establish criminal conspiracy,” it said.

“Here, there is no corroborative evidence independent of respondent Julie’s declarations as against the said respondents,” it added.

Ang's lawyer, Gabriel Villareal said that the DOJ's recommendation is "...deeply flawed and grossly unfair to the accused." His camp will reportedly file a motion for reconsideration. — RSJ/AOL, GMA Integrated News