By Atty. Julius Gregory B. Delgado
CHIONG SISTERS AND CHRISTINE DACERA: THE TALE OF TWO CASES
More than two decades ago, before the advent of social media, the country witnessed a court drama unfold comparable to that of the O.J. Simpson Case in the United States. The disappearance of two sisters, Jacqueline and Marijoy Chiong, led to the conviction and incarceration of persons coming from influential families in Cebu City, including Francisco Juan Larraňaga who is an Osmeňa scion and Josman Aznar of the Aznar Clan. Because of the clamor of the people for justice, all the accused were convicted and sentenced to reclusion perpetua. This notwithstanding the multitude of witnesses presented by accused Larraňaga that he was in Manila on the evening of 16 July 1997 and only returned to Cebu City via an afternoon flight the following day.
On the first day of the year, the country was again rocked by the death of a young Flight Attendant of Philippine Airlines. Christine Dacera, a native from General Santos City, was found dead in City Garden Hotel in Makati City at noon of 01 January 2021. Dacera celebrated New Year’s Eve in the hotel together with eleven (11) persons who immediately became, not only persons of interest but suspects of the purported crime. Like that of the supposed abduction, rape and murder of the Chiong Sisters, people were quick to conclude that Dacera was raped and killed by these 11 male suspects. Outrage and clamor for justice resulted to immediate condemnation of all suspects and manhunt ensued accompanied by bounty offered by politicians.
However, slowly by slowly, pieces of evidence surfaced which suddenly turned the tide against foul play. It turned out that the male suspects were purportedly “gays” and that under the CCTV, Dacera was still alive and goofing around with them in the early morning. Meanwhile, the Philippine National Police (“PNP”), despite not having the complete picture and staff work, was quick to conclude that it was an apparent case of Rape with Homicide and took custody of the three (3) suspects. The PNP Chief issued a 72-hour ultimatum for the rest of the suspects to surrender. In then filed a charge of “Provisional Rape”, a crime which is yet to be thought of by our legislators. Notably, the Autopsy Report yielded a cause of death of Aortic Aneurysm with old, healed lacerations and no presence of spermatozoa thereby negating a prima facie case of Rape with Homicide. These findings resulted to a verdict of Release for Further Investigation after Inquest by the Office of the City Prosecutor of Makati City (“OCP Makati City”).
How the Dacera Case was handled should serve a lesson that people, the netizens should not be quick to condemn suspects or persons-of-interest until all evidence are in. As in the case of Larraňaga in the Chiong Case, he did not have the benefit of social media at that time to amplify his solid defense that he was in Manila studying Culinary Arts along with prominent classmates who had no reason to perjure and testify in his favor other than stating the truth. It should be recalled that the late trial court judge, Hon. Martin Ocampo, disregarded the testimonies of Larraňaga’s classmates and teacher, the security personnel of the Quezon City Condominium he was staying, and airline and airport personnel which present a credible alibi that he was not in Cebu City on the evening of 16 July 2020.
How the Dacera Case became a circus is also a lesson to our PNP to do better investigative work and communication. As with the best practice in any government office, a complete staff work should be done before making a conclusion and making an official announcement in public in the proper channel, rather than the City PNP, NCRPO and top brass talking to the media, sometimes issuing conflicting statements. Rather than making quick and immediate arrest and filing an out-of-this-world “Provisional Rape” charge, the PNP should have opted to investigate further and resorted to regular filing with the OCP Makati City. In the end, it was ultimately the decision of the public prosecutor. If any consolation of this Dacera spectacle, we are assured that we have still public prosecutors and judges who continue to be vanguards of civil liberties and harbingers of justice.