In its resolution dated April 24, the prosecutor's office ruled:
Diane Marie and her son, eight-year-old John Ysmael, both Taguig residents, were found dead after they went missing on Jan. 16.
Her body was found in Pulilan, Bulacan on Jan. 24 while John Ysmael's was found on Jan. 29 in Victoria, Tarlac.
John Mollenido authorized their cremation.
The Pulilan police filed an obstruction of justice complaint against him under Presidential Decree No. 1829, alleging that he authorized Diane Marie’s things to be included during cremation, including a t-shirt, a pair of pants and underwear, even though these were considered evidence.
John’s lawyer Cristobal Rimando announced the prosecutor's ruling.
“Further, it is highly out of order that the SOCO operatives just left the personal effects of the deceased victim at the morgue right after processing the crime scene and the evidence involved in utter disregard of the procedures and protocol laid down under PNP Memorandum Circular No. 20140-006 dated February 19, 2014,” according to the resolution.
In a statement, Rimando said, “The Resolution likewise emphasized that liability under P.D. No. 1829 requires proof that the alleged acts were committed willfully and maliciously—essential elements which were clearly absent in this case.”
Rimando said the prosecutor’s resolution will be included in Mollenido’s appeal that will be filed with the National Police Commission (Napolcom).
Napolcom dismissed Mollenido from the service for approving the cremation of his wife and son.
The agency said despite an ongoing police investigation, Mollenido facilitated the immediate cremation of the remains of his wife and son by signing the authorization and proceeded with the process before the completion of medico-legal procedures that resulted in the destruction of potential evidence in the case.
Rimando said they have not received the Napolcom decision.