The Department of Justice (DOJ) on Wednesday clarified that murder charges can still be pursued even without recovering the victims' remains, amid ongoing efforts to locate the missing cockfighting enthusiasts, or sabungeros.
DOJ Assistant Secretary and spokesperson Mico Clavano said the absence of a body does not bar the prosecution of a murder case under Philippine criminal law.
"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 explained that corpus delicti pertains to the substance of the crime rather than physical remains. In murder cases, this means establishing that a person has died and that the death was the result of 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,” he said.
He added that the prosecution can rely on alternative forms of evidence, including photos or videos of the killing, to establish that the victim is indeed dead.
The DOJ made the clarification as authorities continue their search for the remains of the missing sabungeros who vanished under mysterious circumstances years ago. One lead being investigated involves the possible disposal of bodies in or around Taal Lake.
Clavano reiterated that while finding the remains would significantly bolster the case, it is not the sole basis for prosecution.