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Ex-mayor
cleared of rape-slay;
accuser is now the accused
The
latest twist in the search for justice of the brutal rape and murder of Vivian
Dumaluan four years ago in Bolod, Panglao offers a moral lesson for anyone who
makes the mistake of testifying to a crime that is based on fabricated evidence
influenced by power and money.
The
charge of rape with homicide filed against former Panglao Mayor Dr. Doloreich
Dumaluan and two others was dropped by the Provincial Prosecution Office (PPO)
for insufficiency of evidence. | |  DUMALUAN |
Alex
Dasco, the key witness of the complaint, will instead be charged with the crime
of rape with homicide based on his confession that he held the hands of Vivian
Dumaluan while she was repeatedly raped, the Omnibus Resolution said.
The
resolution dated June 16, 2008 which was signed by prosecutors Ponciano Uy, Tito
Apura, Margie Tan-Alvaro and Macario Delusa, likewise stood by the finding of
probable cause against Narciso "Isot" Maghamil who is also charged with
the crime now pending at the Regional Trial Court.
Assistant
prosecutor Eric Ucat, who was earlier asked but refused to inhibit from the panel
of prosecutors hearing the complaint, was the lone dissenter of the Omnibus Resolution.
Three
members of the panel of prosecutors agreed that Dasco was "a coached and
paid witness".
CASE
BACKGROUND
Vivian's
lifeless body was found dumped in a secluded area near Dumaluan Beach Resort on
April 27, 2004.
She
worked as a househelper for the brother of the former mayor, Engr. Teofredo "Pingmay"
Dumaluan.
Three
separate complaints were filed in relation to the celebrated rape-killing of the
Vivian who was 17-year old that time.
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On June 1, 2004
the victim's parents, Eusebio and Antonia Dumaluan, filed a case against Maghamil
docketed as Criminal Case No. 12491 at the Tagbilaran City RTC-Branch 1.
Last
December 27, 2007 another complaint was filed at the OPP by SPO2 Dominie Ragusta,
police investigator of the case, against Maghamil which implicated Pingmay Dumaluan
as co-conspirator of the crime.
The
latest complaint, which was filed on March 18, 2008 by Vivian's parents, charged
former mayor Dumaluan, his brother Pingmay, Maghamil and Romeo Lapinig as perpetrators
of the crime. | FINDINGS
Based
on his affidavit of confession, Dasco claimed that the former mayor hired him
sometime in April 2004 as driver.
He
further claimed that it was former mayor Dumaluan who ordered the rape and killing
of Vivian and to throw her dead body near the Dumaluan Beach Resort to make it
look like an election-related incident.
Dasco
narrated in his affidavit that he held the hands of Vivian while the former mayor's
brother Pingmay, Maghamil and Lapinig took turns in raping her.
The
OPP resolution stated that not only the integrity and credibility of Dasco as
a witness is "wanting" but also his allegation that the former mayor
and his brother "reposed such high degree of confidence" to him involving
him in a plan to rape and kill Vivian considering the brothers knew him only for
about two weeks.
"Other
than his bare allegation, Dasco miserably failed to present evidence of sort showing
that he was indeed employed as driver in April 2004 of Dr. Dumaluan and served
as such," the resolution said.
During
the clarificatory hearing of the panel of prosecutors, Dasco likewise contradicted
his affidavit declaring that on the evening of April 23, 2004 he drove the Red
Adventure of the former mayor with Plate No. 125, with the latter as his only
passenger.
It
was during this occasion that Dr. Dumaluan allegedly ordered him to rape Vivian
to be used in the election campaign.
He
told the prosecutors that there was no occasion during his alleged employment
stint with the former mayor that he has driven the Red Adventure. He also said
that Dr. Dumaluan never went out alone as he was always accompanied by his driver
Anastacio Dejan and bodyguards.
"It
also defies logic and right reason why Dr. Dumaluan would instruct that the dead
body of Vivian be thrown near the laundry house of Dumaluan Beach Resort if his
purpose and plan was to blame the crime to his political opponent," the resolution
stated.
The
three concurring prosecutors were "convinced that Dasco is a coached and
paid witness."
The
resolution stated further: "Since we do not believe that the evidence is
itself credible and that Alex Dasco is a credible witness, it follows that we
also do not believe that the rape and killing of Vivian was perpetrated and planned
by Dr. Dumaluan,
his brother and Lapinig."
"The
extra judicial confession of Dasco acknowledging his guilt to the offense charged
may be given in evidence against him."
"However,
his admission cannot be given in evidence against the alleged co-conspirators
because the conspiracy to commit the crime has not yet been shown…"
DUMALUANS
VINDICATED
The
celebrated rape-slay case has been given so much publicity for the past four years
and has been an issue in the 2004 and 2007 elections.
Even
when the three cases were still pending resolution at the PPO, media exposure
has tarnished the reputation of the family of the former mayor.
From
the start, Dr. Dumaluan, has pointed out that the case is politically motivated
and caused by land disputes between him and a business rival.
The
respondents, assisted by lawyers Ruben Jay Medina, Esther Gertrude Biliran, Aleck
Francis Lim and Roland Inting, are finally vindicated as justice had prevailed
in the end following the OPP resolution. | 
