The Makati City Prosecutors’ Office will conduct a separate preliminary investigation on the complaint filed by the National Bureau of Investigation (NBI) against a Philippine National Police (PNP) medico-legal officer and 10 other persons on the Jan. 1 death of flight attendant Christine Angelica F. Dacera.
Prosecutor General Benedicto A. Malcontento on Thursday, March 18, said the NBI complaint will not be consolidated with the complaint for rape with homicide filed by the PNP against 11 persons.The NBI complaint was filed with the Department of Justice (DOJ) last March 12.
“I endorsed it (NBI complaint) to Makati. Separate cases treatment dyan (The two complaints will treated separately),” Malcontento said.
The Makati City prosecutors were about to issue its resolution on the complaints filed by the PNP. But the PNP sought a deferment and pleaded that it be allowed to submit additional evidence on the rape with homicide case.
In its complaint, the NBI charged PNP Maj. Michael Nick W. Sarmiento, who conducted the initial autopsy, with falsification of official documents.
Also charged by the NBI were Mark Anthony Rosales, Darwin Joseph Macalla, Gregorio Angelo Rafael de Guzman, Alain Chen and lawyer Neptali Maroto, and five of Dacera’s friends -- Romel Galido, Reymar Englis, Louie Delima, John Pascual dela Serna III, and Jezreel Rapinan,
“Results of the NBI investigation revealed the glaring inconsistencies in the PNP autopsy report,” the complaint said.
It said that the “results of the autopsy report conducted by the NBI Medico Legal Division Chief revealed that in contrast to the autopsy report of P/Maj. Sarmiento, M.D., victim’s urinary bladder was full of urine and in fact was able to extract 130 ml (milligrams) of urine and no abrasion was found in her labia.”
The NBI said the re-autopsy of the victim showed that “the cause of her death was microscopic evidence of peri-aortic hemorrhages and aortic wall disruption, suspicious for a bleeding of peri-aortic aneurysm based on the review of the slides of PNP Crime Laboratory.”
It said that the “toxicology examinations on the cadaver of the victim showed the presence of Diltiazem, a prescription drug for the management of hypertension.”
The NBI said Galido should be indicted for violating Section 3(a) and Section 3(k) for violating Republic Act No. 9165, the Dangerous Drugs Act of 2002, for introducing party drugs to his companions and for delivering and giving away the illegal narcotics.
It also recommended charging Rosales with violating Section 3(k) of RA 9165.
The NBI also received from the PNP Crime Laboratory the results of the examination conducted on two pieces of cotton found inside Room 2209.
“According to the report the two pieces of cotton showed the presence of Flourmethemphetamine and Methemphetamine,” the NBI said on the presence of illegal drugs.
In the case of Galido, Dela Serna, and Macalla, the NBI recommended the filing of charges for giving false testimonies and obstruction of justice. Also accused of obstruction of justice were Englis, Rapinan, Rosales, de Guzman, Chen, and Neptali Maroto.
Dela Serna, Rapinan, Chen and Delima were also recommended to be charged in court for reckless neglect of the condition of Dacera that led to her untimely demise.
Dacera was found unconscious last Jan. 1 in the bath tub of Room 2209 of City Garden Grand Hotel in Makati City where she and her friends celebrated the arrival of the new year.
She was rushed to the Makati Medical Center (MMC) where she was declared dead on arrival.
Based on testimonies of witnesses, the NBI said that Dacera said she did not want to be at Room 2209 because her companions were “high for taking party drugs in contrast to the sworn statements of the victim’s friends and companions at Room 2209.”