The discovery of the body of a deceased only proves that a crime has been committed but it does (not) include the identities of the persons who committed it.

Volunteers Against Crime and Corruption founding chairman Dante Jimenez assists actress Rochelle Barrameda file a motion for reconsideration with the Supreme Court. Barrameda was accompanied by her parents. Bob Dungo Jr.

The Malabon Regional Trial Court (RTC) Branch 170 yesterday dismissed the parricide case against the husband of Ruby Rose Barrameda — who was killed and dumped inside a drum submerged in the waters off a port in Navotas City.

The Malabon court also dismissed the murder case against her father-in-law and two others accused more than 10 years after her death.

In its order dated 10 July 2019, Malabon RTC Branch 170 Acting Presiding Judge Edwin Larida Jr. dismissed the murder case against Barrameda’s in-law, lawyer Manuel Jimenez Jr., Lennard “Spyke” Descalso and Norberto Ponce after prosecutors failed to establish their guilt beyond reasonable doubt.

The same court also dismissed the parricide case against Barrameda’s estranged husband, Manuel Jimenez III, for lack of probable cause.

To recall, the victim — the sister of actress and former beauty queen Rochelle Barrameda — went missing on 14 March 2007 after she visited her children at the house of the Jimenezes.

The remains of Barrameda were only recovered in June 2009 after accused-turned-witness Manuel Montero surfaced and identified the area where he supposedly dumped the body of Barrameda.

Authorities recovered a steel casing filled with cement with Barrameda’s body inside a steel drum. She was identified using her dental records.

Montero accused Barrameda’s husband Manuel III, her father-in-law Manuel Jr., her uncle-in-law Lope Jimenez, driver Eric Fernandez, security officer Descalso and operations man Ponce, of carrying out the murder.

Montero claimed that Barrameda was abducted from the Jimenez’s residence, strangled to death by Descalso at a company compound, her body placed inside a steel drum and later filled with cement.

The steel drum was placed inside a steel casing, also filled with cement, and dumped into the sea off Navotas.

But in February 2013, Montero recanted his testimony and in March 2013, he disappeared while in police custody.

Because Montero was not able to finish his testimony and was not cross-examined, the Malabon court allowed Manuel Jr., Descalso and Ponce to post bail, while it ultimately disregarded Montero’s testimony.

Without Montero’s testimony, the Malabon court found there was no sufficient evidence to convict the three for murder.

“The discovery of the body of a deceased only proves that a crime has been committed but it does (not) include the identities of the persons who committed it or its actual commission by someone,” the court said.

“Aside the fact that the evidence of ‘corpus delicti’ is independent from the two extra-judicial confessions made by accused Montero, which were though denied admission by the Court as per Order dated 18 October 2017, there is death of evidence on record that would associate the accused-movants to the criminal agency responsible to the crime committed,” it added.

The Malabon court also relied on this “dearth of evidence” in dismissing the parricide case against Manuel III, noting that the testimonies of the police officers did not mention him and neither was he shown to have participated directly or indirectly or acted in conspiracy with others in effecting the killing.

Two other accused, Lope Jimenez and Eric Fernandez, remain at large and will continue to face the murder charge.

Despite Montero’s disappearance from police custody, Barrameda’s father, Robert, is still hopeful that Montero would come around.

“If you are still alive, we are not sure if you escaped or were allowed to escape…We hope that your conscience will convince you to do the right thing,” he said.