NBI fails to beat ofc hours for case filing

CEBU, Philippines - The National Bureau of Investigation (NBI)-7 yesterday failed to file the criminal complaint against those who allegedly mauled to death Mario Alfie Ducayag, who was accused of shoplifting.

Lawyer Bernard dela Cruz, the agent handling the case, and the family of Ducayag arrived at the Cebu City Prosecutor’s Office at exactly 5:00 p.m. yesterday but the personnel-in-charge already left.

Dela Cruz said they will be back today.

Fe Soledad, the mother of the victim, was crying when she told the media that she was happy at the same time sad because of the failure of the filing of case. She faced the media outside the Palace of Justice for the interview.

They will be back at the Prosecutor’s Office at 8:00 a.m. today.

Marie Shantylle, the sister of the victim, said the filing of complaint would mean that they have to move on. But she said it still pains them to recall the circumstances of her brother’s death.

The two were very emotional facing the media during an interview.

The NBI and the Ducayag family refused to divulge the identity of the assailants and the case to be filed.

Marie Shantylle was satisfied with the documents prepared by NBI-7 Director Antonio Pagatpat.

Mario Alfie died on April 12, 2013 after he was mauled based on the re-autopsy report conducted by NBI medico-legal officer Dr. Rene Cam and former NBI medico-legal officer Dr. Gil Macato.

He was accused of shoplifting a pair of sandals at the Metro Gaisano Colon. He was apprehended and was taken to the investigation room where he was allegedly mauled.

Meanwhile, Deputy Ombudsman for the Visayas Pelagio Apostol said the complaints for grave misconduct, conduct unbecoming of a public officer and a violation of Section 3(e) of Republic Act 3019 or Anti-graft and Corrupt Practices Act filed against Philippine National Police (PNP) medico-legal officer Dr. Nestor Sator were endorsed to the Office of the Ombudsman for Military and Other Law Enforcement Offices (MOLEO) in Manila.

Fe Soledad earlier filed complaints before the anti-graft office against Sator over “erroneous” autopsy report on the death of his son.

She said Sator in the autopsy report revealed that the nature of case of her son was pathological and the cause of death was asphyxia due to bleeding pulmonary tuberculosis.

However, this was contrary to the findings of Cam and Macato who both said the victim died due to a traumatic injury to the neck.

Fe Soledad and Marie Shantylle decided to ask for re-autopsy citing the victim has no tuberculosis.

Apostol said that after evaluation they found out that Sator was from the PNP. He added it was the MOLEO that has the exclusive jurisdiction over the members of the law enforcement. — /JPM (FREEMAN)