"Fall guy" in Dumaluan rape-murder cleared
By: KIT BAGAIPO

The Provincial Prosecutor's Office (PPO) recently dismissed the charges of rape with homicide against a witness in the celebrated Vivian Dumaluan case.

In a terse one-page order, the panel of prosecutors dismissed the case filed against George Galo alias Bagobo. The order was signed by assistant provincial prosecutors Ponciano Uy, Eric Ucat, Margie Tan-Alvaro and Tito Apura.

"After conducting an ex-parte study of the complaint as well as the other supposed supporting documents, pursuant to Sec. 3, Rule 112 of the 200 Rules of Criminal Procedure, we find no competent appreciable shred of evidence which pinpoints that respondent was the one who raped and killed Vivian Dumaluan," the order said.

According to the panel of prosecutors, "there is no compelling ground to continue with the requisite investigation."

The dismissal of the case docketed as Information Sheet No. 08-4361 was approved by OIC Provincial Prosecutor Macario Delusa.

The case against the four was filed on the basis of the affidavit executed by witness Alex Dasco, a self-confessed participant in the case.

Dasco alleged that it was the former mayor who presided over the meeting to plan the rape and murder and blame it on his political opponents and generate sympathy for his mayoralty bid in the 2004 elections.

According to Dasco, who claimed he was Dumaluan's driver in the 2004 election campaign, he held the hands of the victim while she was raped first by Pingmay, then Lapinig and finally Maghamil.

He also alleged that the former mayor also presided over the cover-up operations to mislead investigators.

Dasco stated in his affidavit that Dumaluan wanted him to sign an affidavit pointing to Galo, a certain Randy Buntag and the caretaker of the resort owned by former Sen. Raul Roco as the ones responsible for the crime.

The former mayor himself and his brother Teofilo Jr. executed affidavits hinting of Galo's involvement in the crime.

Galo, who is serving time for a previous conviction, signed an affidavit implicating Maghamil as the one who was last seen with the victim alive.

Earlier, the PPO also came out with an order denying two urgent motions filed by the Dumaluan brothers, Maghamil and Lapinig.

The first was an urgent motion for ocular inspection while the second was for extension of time to file position paper.

In denying the first motion, the panel noted that the description of the place where the victim was allegedly last seen was not controverted by the complainants, respondents and their counsels.

On the second motion, the panel said the 60 day period prescribed by the rules to resolve cases under preliminary investigation ended on May 24.