The Makati City Prosecutor’s Office has dismissed the consolidated criminal complaints filed against the companions of flight attendant Christine Dacera when she was found dead in a bathtub of their rented room at the City Garden Hotel in Makati City after celebrating the New Year’s eve in 2021.
Absolved of criminal liability were Mark Anthony Rosales, Rommel Galido, John Pascual dela Serna III, Gregorio Angelo Rafael de Guzman, Jezreel Rapinan, Alain D. Chen, Reyman Englis, Darwin Joseph Macalla, Louis de Lima, and lawyer Neptali Maroto.
The Makati City Prosecutor’s Office also dismissed the administering of illegal drug charges under Section 5 of Republic Act 9165 or the Comprehensive Dangerous Dangerous against Rosales for lack of evidence that could establish the alleged administration of any illegal drugs into the body of Dacera.
“The fact that the drug test on Dacera yielded negative result for presence of dangerous drugs…coupled by her urine sample examination results (showing she was negative for methamphetamine and amphetamine), supported the findings of dismissal,” the resolution said.
The OCP Makati City also dismissed the complaint for attempt to deliver illegal drugs under the same law filed against Rosales and Galida due to the absence of the corpus delicti (body of the crime), that is, the dangerous drugs itself.
It noted that the alleged drugs were not submitted to the prosecutors as evidence.
The OCP also absolved Rosales, Galido, Dela Serna, De Guzman, Rapinan, Chen, Englis, Macalla, and Maroto from obstruction of justice as “they were simply protecting their rights within the bounds of law” which would not qualify as obstruction of justice.
The prosecutor also dismissed the perjury charges filed against Galido, Dela Serna III and Macalla based on the absence of showing that the alleged false statements pertaining to the use of party drugs at the hotel are material to the investigation of Dacera’s death and alleged rape.
The complaint for reckless imprudence resulting in homicide filed against Dela Serna III, Rapinan, Chen and De Lima for allegedly failing to bring immediate medical attention to Dacera that caused her death was also dismissed.
The OCP of Makati City noted that based on the evidence the respondents performed cardiopulmonary resuscitation (CPR) immediately upon noticing Dacera’s perilous condition and sought assistance from the hotel lobby.
Likewise, the complaint for falsification filed against Philippine National Police (PNP) medico legal officer, Dr. Michael Nick Sarmiento by the family of Dacera was dismissed.
Sarmiento concluded that the 23-year-old flight attendant died of ruptured aortic aneurysm.
“The complaint for falsification against Dr. Michael Nick Sarmiento has no leg to stand on as it was not established that the facts narrated by him were absolutely false. In fact, Dr. Sarmiento merely relied on the available evidence at his perusal, including photographs of Dacera,” the resolution said.
Meanwhile, the OCP Makati City also dismissed the counter charges filed by the accused against several individuals, including the mother of Dacera.
Dismissed were the complaints of illegal detention, arbitrary detention, and unlawful arrest filed against Dacera’s mother Sharon, Marichi Ramos, Katherine Anne Facelo, Police Cpl. Louie Lopez and Police SSg Jun Alimurong.
The prosecutor said Lopez and Alimurong effected a valid warrantless arrest because during that time they believed that a crime was just committed while the private respondents were not the ones who made the arrest .
“Moreover, there was no evidence that they effectively controlled and directed the respondent-police officers to arrest and detain the complainants,” it added.
Also dismissed was the grave coercion complaint and unjust vexation filed against Dacera, et al.
The prosecutors also absolved Dacera’s mother, Ramos. Facelo, lawyer Brick Reyes, Lopez and Alimurong of the complaint for perjury.
The OCP Makati City also dismissed the complaint of libel, slander, cyberlibel, incriminating innocent persons, intriguing against honor and malicious prosecution against Dacera’s camp.
The falsification complaints lodged against Vicente de Guzman, Zulikha Marie Conales-Dagamo, were also dropped.
