DOJ junks criminal charges vs suspect in missing 'sabungero'
For insufficiency of evidence, the Department of Justice (DOJ) has dismissed the criminal complaint for kidnapping and serious illegal detention filed against Julie Patidongan, alias “Dondon,” in the case of a missing "sabungero" (cockfight enthusiast).
Patidongan was charged for the disappearance of “sabungero” Michael Bautista who was last seen alive by his wife, Ma. Concepcion Bautista, on April 28, 2021.
“The panel of prosecutors, after a thorough review of the evidence and arguments submitted by both parties, decided to dismiss the criminal complaint for Kidnapping and Serious Illegal Detention,” the DOJ said in a statement.
Philippine National Police (PNP) records show that there has been a total of 34 “sabungeros” who went missing since 2021.
“The Department expresses its deepest condolences to the affected families and friends, acknowledging the gravity of this distressing situation. However, it is also imperative upon the Department to relieve the respondent (Patidongan) from the pain of going through trial when it has been ascertained that the evidence is insufficient to sustain a prima facie case. Rest assured, the Department remains committed to pursuing justice and holding those responsible accountable for their actions,” the DOJ said.
The DOJ’s panel of prosecutors issued the resolution clearing Patidongan of the charges after conducting preliminary investigation of the criminal complaint that was filed by the PNP-Criminal Investigation and Detection Group (PNP-CIDG) and Bautista’s family.
The DOJ noted the victim’s brother, Ryan Bautista, was able to identify Michael in a video footage shown by a reporter from ABS-CBN and claimed to know one of the two men holding him as Patidongan.
However, the DOJ said the panel found that “complainants failed to present proof to establish that there exists probable cause against the respondent.”
The department pointed out “none of the faces of the individuals captured in the twelve-second video clip, which supposedly depicts the crime taking place, is visible.”
“This lack of clear visibility hinders the process of identifying the individuals involved solely based on their appearance,” it explained.
The DOJ added “a critical witness, who presumably had first-hand knowledge of the taking of Michael Bautista, was provided with a chance to affirm the statements made in his affidavit” but “failed to appear before the panel and affirm the statements made in his judicial affidavit.”
“By not appearing before the panel, the witness missed an opportunity to provide additional information, clarify any ambiguities, and offer firsthand verification of the statements made in the affidavit. This absence weakens the overall evidentiary foundation surrounding the case, making it more challenging to establish a clear and definitive understanding of the events that transpired,” it lamented.
The DOJ said the “relying solely on the limited evidence at hand, such as the indistinct video footage and the unverified statements of an absent witness, the evidence is not sufficient to firmly establish the identity of the person who committed the crime.”