Skip to main content

Rape Murder Case Against Former Mayor Dismissed

The Provincial Prosecution Office of Bohol re-affirmed its decision to dismiss charges of rape and homicide against former Panglao mayor Dr. Doloreich Dumaluan, his brother and two others.

The Omnibus Resolution, which was signed by Assistant Provincial Prosecutors Ponciano Uy, Margie Tan-Alvaro, Tito Apura and approved by OIC Provincial Prosecutor Macario Delusa last August 22, 2008, resolved a motion for reconsideration and reinvestigation filed on an earlier resolution promulgated by the said prosecutors.

The panel of prosecutors ruled that there was no need for a reinvestigation as the complainants of the case were not able to present a new and material evidence to merit for such.

On March 18, 2008, spouses Eusebio and Antonia Dumaluan filed a complaint against the former mayor for the rape-slaying of their daughter Vivian whose lifeless body was found near the Dumaluan Beach Resort in Bolod, Panglao on April 2004.

Dr. Dumaluan's brother Teofredo, Narciso Maghamil and Romeo Lapinig were also named respondents in the said case.

The case was dismissed by the same panel of prosecutors in an Omnibus Resolution last June 16, 2008.

In its findings, the panel of prosecutors discussed ten assigned errors raised by the complainants in their motion for reconsideration.

The panel said it was not convinced on the testimony of the case's key witness Alex Dasco which was "in itself incredible and inconsistent with the experience of mankind".

Dasco confessed to his participation in the crime which was allegedly planned by Dr. Dumaluan on April 24, 2004 to be used in his campaign in the 2004 elections to gain the voters' sympathy.

The panel said it has to be convinced of the credibility of the testimony and not only of the witness to prevent material damage to the constitutional rights of the accused considering the charge was a capital offense.

The panel also affirmed its finding that the complainants could not present evidence to support the claim of Dasco that he was in fact employed as a driver of Dr. Dumaluan, hence, the order of the former mayor to rape and kill Vivian was incredible.

Likewise, it was also reiterated by the prosecutors that it defies logic and good reason for Dr. Dumaluan to order that the dead body of Vivian be thrown near the laundry house of his resort if the purpose and plan was to blame the crime to his political opponent.

The panel also affirmed its finding that Dasco is "a coached and paid witness" as there were "material inconsistencies as to facts and circumstances" on his two sworn statements.

Dasco's delay in exposing his knowledge of the crime was described by the prosecutors as "flimsy and unjustifiable".

The panel of prosecutors also finds the second affidavit of witness George Galo as "incredible, unbelievable, uncorroborated and its execution suspicious".

According to the panel, "the extra-judicial confession of Dasco in acknowledging his guilt to the offense charged, while admissible against him cannot be given in evidence against his alleged co-conspirators because the conspiracy to commit the crime has not been shown by evidence other than such acto or declaration. Moreover, the admission was not made during the existence of the alleged conspiracy."

Another motion for reconsideration on the panel's ruling that was filed by Dasco was likewise dismissed due to the absence of new issues that warranted the reversal of the said resolution.

The panel recommended for the filing of information for rape with homicide against Dasco.

Popular posts from this blog

Antonio Ong Guat, the founder of Bohol Quality Store

From Sunday Post   I pay my sincerest condolences to Antonio Ong Guat, the founder of Bohol Quality Store . My family especially my late Mom owed a lot of gratitude to him. Little is known of the fact that my Mom as a school teacher, was making school teaching charts with her crude rubber printing set. I used to accompany her to Tagbilaran to buy her supplies at Bohol Quality Store, and bought her supplies direct from Ong Guat. Suki niya si Ong Guat to the point that he would attend to her when she goes to the store. In fact, nagpapautang pa siya ni Mom, which she paid when she sold her teaching materials to the new teachers. I suggest that the provincial and city governments should honor Ong Guat with a posthumous award in recognition of his efforts to be the founder of a business empire in Bohol, which has presently employed thousands of Boholanos presently. I think everybody agrees that his store sparked business to its fullest heights today. Fred Ong and his wife Babs Gonzaga we...

Jagna Bohol Fiesta Celebration

By Gregorio Tavera     The local government unit (LGU) of Jagna, in coordination with the private sector and the local offices of some national government agencies, yesterday launched the nine-day string of shows set at 7:30 every night in prelude to the town fiesta on September 29, to honor of St. Michael, The Archangel.        The first burst of fun was the performance of Loboc Youth Ambassadors Band that started at 7:30 last night at the Jagna Gym, sponsored by national, provincial and LGU officials and employees.        Earlier, barangay Canju-ao sponsored the first of the nine-day novena and the mass celebrated by Fr. Bepi Trabajo at the St. Michael, the Archangel Parish Church at 4:30 in the afternoon.        The daily novena and mass set every 4:30 p.m. at the St. Michael, the Archangel Parish Church continues until Sunday next week, the ninth day, through the ...

No More NPA Rebels in Bohol

The communist insurgency in Bohol has been crushed, making it as the first province in the country to meet the deadline set by President Gloria Macapagal-Arroyo before she steps down in June 2010, according to the Office of the Presidential Adviser on the Peace Process (OPAPP). The deadline is to defeat the left-leaning New People's Army (NPA). The declaration was made by Bohol Governor Erico B. Aumentado and Col. Allan Luga, commander of the 802nd Brigade of the Philippine Army based on the island province some 600 kilometers south of Manila. OPAPP said Aumentado made the announcement during a meeting at the Bohol Tropics Resort last Tuesday. The session was attended by a delegation from Columbia's Office of the High Commissioner for Peace led by Alejandro Eder, political advisor of the Office of the High Presidential Counselor for Reintegration. Other members of the Columbian delegation were Miguel Suarez, Ms. Maria Lucia Uepigue and Ms. Andrea Salazar. While in Bohol, they...