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The Office of the President has affirmed rulings of the Department of Justice (DOJ) and the Bohol Provincial Prosecutor's Office dismissing the rape with homicide complaint against a former Panglao mayor and three others in connection with the rape-slay of a 17-year old girl six years ago.

In a 6-page resolution dated June 18, 2010, former Executive Secretary Leandro Mendoza reversed and set aside a previous order signed by then Executive Secretary Eduardo Ermita last March 1, 2010 which directed the DOJ to file charges of rape with homicide against former mayor Dr. Doloreich Dumaluan, his brother Teofredo and Romeo Lapinig.

The resolution, stating that it found "no error" in the findings of the DOJ which cleared Dumaluan and three other respondents of the charges filed against them, directed the withdrawal of its previous order to file the corresponding information for rape with homicide against the accused.

The Office of the President noted that the allegations of spouses Eusebio and Antonia Dumaluan, petitioners of the case, against the respondents are basically grounded on statements made by witnesses who have questionable integrity.

Records revealed that the witnesses presented by petitioners have been convicted of crimes involving moral turpitude.          
Aside from questioning the integrity of the witnesses, the resolution stated that "the story being painted to implicate the respondents is contrary to human conduct and experience" as it finds the "story-telling of the witnesses to be irregular".

The affidavits implicating the Dumaluan brothers and Lapinig were executed by witnesses more than three years after the crime was committed.

"This fact diminishes the credence of the statements made by said witnesses as they have already executed affidavits relating to the crime earlier but failed to point the alleged participation of said respondents," the resolution stated.

The resolution also cited a Supreme Court ruling that recognize the authority of the Secretary of Justice (SOJ) to review resolutions or decisions of provincial or city prosecutors or the chief state prosecutor. The SOJ also exercises the power of direct control and supervision over said prosecutors, under the Revised Administrative Code.

On the respondents' contention that the previous ruling of the Office of the President solely relied on the report and recommendation of the Regional State Prosecutor, the new directive stressed: "It would be highly irregular to allow the replacement of the findings of the SOJ with that of the Regional State Prosecutor; it is against the law and would create disharmony in the orderly dispensation of justice."

Moreover, the resolution added that the determination of probable cause properly lies within the discretion of the prosecuting officers, who deal with first-hand information in their conduct of the preliminary investigation.

Accordingly, what has been determined by the prosecuting officers may only be nullified if there are compelling reasons such as grave abuse of discretion amounting to excess or lack of jurisdiction, the resolution stated.

CASE BACKGROUND

Dr. Dumaluan was implicated as mastermind in the brutal killing of 17-year-old Vivian Dumaluan sometime in April 2004. His brother Teofredo and Lapinig were also charged in the complaint filed before the Bohol provincial prosecutor's office.

The evidence against the three included the affidavits executed by witnesses George Galo, his wife Elizabeth and Alex Dasco citing the three's participation in the rape and killing of Vivian.

However, the panel of prosecutors from the provincial prosecutor's office dismissed on July 2, 2008, the charges against Dumaluan, his brother Teofredo and Lapinig.

The complainants filed a petition for review before the DOJ although the prosecutor's office had yet to resolve the motion for reconsideration they filed following the dismissal of charges.

Although the filing of the petition for review was premature, the DOJ came up with a resolution dated December 12, 2008 signed by then Justice Secretary Raul Gonzales, which found "no error to warrant the modification or reversal" of the resolution of the panel of prosecutors.

The DOJ, likewise, found inconsistencies in the testimonies of Galo "rendering his allegations unworthy of faith and credence."

Dasco's allegation that the former mayor got him involved in the planning and commission of the crime when the Dumaluan brothers knew him for only about two weeks "cannot also be accorded with credibility," the DOJ resolution had said.

Moreover, the DOJ said that in settled jurisprudence, conspiracy must be established as clearly as the commission of the crime itself. Dasco's allegation of conspiracy in the instant however cases fell short of the required degree of proof.

The resolution also noted that Dasco failed to present evidence showing that the former mayor employed him as a driver in April 2004.

The ruling also noted that both Galo and Dasco were convicted of crimes involving moral turpitude, which affected their credibility as witnesses.

Dumaluan's defense lawyers, Atty. Roland Inting, Atty. Aleck Francis Lim and Atty. Esther Gertrude Biliran, said that the Office of the President resolution should put an end to the "made-up" charges against their client.

"We hope the persecution against former mayor Dumaluan and his family through machinations and sheer inventions using convicts as witnesses is over," the counsels said.

Another lawyer assisting in the defense said they are contemplating on filing charges against "those who orchestrated the sham accusations against the respondents, including the lawyers, if evidence warrants." - bohol chronicle

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