DoJ: Murder raps can proceed without bodies

Murder cases can still proceed even without the remains of the victims, the Department of Justice (DoJ) on Wednesday clarified, amid the ongoing efforts to locate the bodies of the missing cockfight enthusiasts or sabungeros.

DoJ Assistant Secretary and spokesperson Mico Clavano said that under Philippine law, the presence of a physical body is not a strict requirement for filing, and winning, a murder case.

“In Philippine criminal law, it is not absolutely necessary to find the body of the victim to prove the crime of murder,” Clavano said in an interview. “This legal principle is consistent with the doctrine of corpus delicti, which refers not to the body of the deceased but to the fact that a crime has been committed.”

Clavano said that corpus delicti pertains to the substance of the crime, not the physical remains.

In the context of a murder, it means establishing that a person has died and that the death resulted from a criminal act.

“Conviction is still possible without producing the body as long as you prove the fact of death in court. Obviously, presenting the body or remains will be damning evidence of this. Yet, even without presenting the same, there are many other ways to prove the fact of death,” Clavano explained.

He pointed out that evidence such as photos or videos of the killing may be used to prove that the victim was indeed dead.

The DoJ issued the clarification as authorities continued to search for the remains of the missing sabungeros who vanished under mysterious circumstances several years ago. One of the leads being pursued points to the possible disposal of bodies in or around Taal Lake.

The DoJ official said that while recovering the remains would significantly strengthen the case, it is not essential for the prosecution to proceed.

Ex-judge denies link to Ang

Retired judge and current Philippine Charity Sweepstakes Office Chair Felix Reyes has vehemently denied allegations that he fixed cases for gambling tycoon Charlie “Atong” Ang, and dared the whistleblower alias “Totoy” who implicated him to substantiate his “wild accusations.”

The PCSO chief said he would authorize the Bureau of Immigration to release his travel records from the time of his retirement in October 2021 to counter Julie “Dondon” Patidongan’s allegation that he went abroad with prosecutors and judges to influence the outcome of cases involving Ang.

Patidongan had claimed that the missing cockfight enthusiasts were killed on the orders of Ang, whom he said had influence even within the judiciary.

“I categorically deny such wild accusations of Mr. Patidongan. I dare him to identify any specific case of Mr. Atong Ang or anything related to the sabungero case, which I understand is still pending in court, that I fixed or settled to the advantage of Mr. Ang,” Reyes said.

He added that if Patidongan cannot substantiate his accusation of case-fixing, I ask him to shut up.

Reyes said he is ready to cooperate with any government probe to shed light on Patidongan’s allegations and to spare the judiciary and the prosecution service from an “undeserved tarnishing.”

To recall, the Supreme Court has started its investigation into claims that an individual involved in the “sabungero” case may be exerting influence over judges and justices.

Reyes questioned the timing of the allegations, pointing out that they surfaced only after he applied for the position of Ombudsman.