Suspects can be convicted sans recovery of bodies of 'missing sabungeros' -- DOJ
Convictions can still be secured in the case of the missing “sabungeros” or cockfight enthusiasts even if the bodies of the dead victims have not been found, the Department of Justice (DOJ) said on Wednesday, July 9.
“Conviction is still possible without producing the body as long as you prove the fact of death in court,” DOJ Assistant Secretary Jose Dominic F. Clavano assured reporters.
This was pointed out by Clavano as the DOJ is set to launch a search for the remains of the victims in Taal Lake in Batangas.
Julie “Dondon” Patidongan, an accused in the case and a potential state witness, claimed that the bodies of many slain “sabungeros” were dumped in Taal Lake.
“Obviously, presenting the body or remains will be damning evidence,” said Clavano.
But even without presenting the body or remains, there are many other ways to prove the fact of death, like the presentation of the photos and videos of the killings, he said.
He pointed out that under the law, it is not absolutely necessary to find the body of the victim to prove the crime of murder, he also said.
“This legal principle is consistent with the doctrine of ‘corpus delicti,’ which refers not to the body of the deceased, but to the fact that a crime has been committed,” he added
He explained that “corpus delicti” refers to “the body or substance of the crime itself, not necessarily the physical body of the victim.”
“Corpus delicti in murder means proving that a person died and that the death was the result of a criminal act,” he stressed.