DOJ panel junks kidnapping rap on missing ‘sabungero’ seen on video

MANILA — A Department of Justice panel of prosecutors has junked the kidnapping and serious illegal detention rap filed against 2 men last seen on video in the company of a missing “sabungero” or cockfight enthusiast.

In a press briefer Friday, the DOJ said prosecutors found that “complainants failed to present proof to establish that there exists probable cause against the respondents.”

• Kidnapping, serious illegal detention rap filed vs 2 men seen on video with missing sabungero

The cellphone video first shared to ABS-CBN News showed a handcuffed man, identified by his wife and brother-to-be as Michael Bautista, flanked by 2 other men wearing black shirts and caps walking away from the cellphone camera.

Bautista’s wife had hoped the cellphone video would constitute strong evidence to implicate the 2 men, one of whom was identified as a certain Julie Patidongan alias Dondon, allegedly the manager of the AA-Cobra Farm in Brgy. Palasan in Santa Cruz, Laguna, the same area of the cockfighting arena where Bautista was last spotted.

But the panel said the evidence presented was not enough.

“[T]he task of identifying the perpetrator faces significant challenges due to certain limitations in the available evidence. Specifically, none of the faces of the individuals captured in the twelve-second video clip, which supposedly depicts the crime taking place, are visible. This lack of clear visibility hinders the process of identifying the individuals involved solely based on their appearance,” the DOJ briefer said.

Two persons earlier identified Patidongan.

A witness told ABS-CBN News last year that he was familiar with Patidongan, alias Dondon, since he had dealings with him, while Michael’s brother claimed that his “kuya” told him the man is the manager of the cockfighting arena.

But the witness did not show up before the prosecution panel.

“[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 their affidavit. However, the same witness failed to appear before the panel and affirm the statements made in his judicial affidavit,” according to the DOJ briefer.

“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 added.

Justice Secretary Jesus Crispin Remulla clarified that the dismissal of the complaint is not yet final.

“Without prejudice yan ha. It can be re-filed kapag mas malakas ang ebidensya na nakita ng fiscal. Ang problema mo kasi dyan, pag ‘pwede na pwede na’ ang standard mo tapos lumaban ka ng bangayan, na full-blown trial sa RTC, wala kang kalaban-laban kapag mahina ang kaso mo. Pag may part na maganda na ang ebidensya, ifa-file uli yan,” he said.

Remulla explained that the complaint was filed last year under the old system of the prosecutors, where prosecutors merely rely on evidence submitted to them in evaluating if there exists probable cause to file charges in court.

In late March this year, however, Remulla signed DOJ circular no. 20 which tasked prosecutors to take an “active role” in case buildup of certain crimes.

• New DOJ circular requires prosecutors to take 'active role' in case build-up

This will be the system that will be followed if the kidnapping rap will be re-filed.

“With the case buildup we are doing now, ang pulis at DOJ magkasama na para i-authenticate na lahat yan…Actually I already told many prosecutors do not dismiss cases just like that because this was not done. You yourselves have the duty to authenticate all of these things,” he said.

“Dapat sila mismo tumutulong na tulungan ang pulis na i-authenticate ang dapat i-authenticate. Hindi kami dapat kalaban ng mga pulis. Dapat kami ang magtuturo sa mga pulis para mausig ang dapat usigin,” he added.

Remulla assured the families of the more than 30 missing sabungeros the DOJ is continuously working on the matter.

He is expected to meet them next week.

In December last year, DOJ prosecutors indicted 3 cops who disguised themselves as agents of the National Bureau of Investigation in raiding and arresting e-sabong executive Ricardo Lasco in his house in San Pablo, Laguna on August 30, 2021.

• 3 cops disguised as NBI agents indicted for e-sabong exec's kidnapping, robbery

Six more persons, including Patidongan, were also charged before a Manila court with 6 counts of kidnapping and serious illegal detention under Art. 267 of the Revised Penal Code over the disappearance of 6 sabungeros at the Manila Arena on January 13, 2022.

• Six more people face kidnapping, serious illegal detention charges over missing sabungeros

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