The Caloocan City police yesterday explained that the suspect in the July 22 killing of Tadao Hayashi remains charged with homicide.
Superintendent Dionicio Borromeo, chief of the Caloocan Station Investigation and Intelligence Division (SIID), said that Alex Ilagan, 31, remains in jail.
Borromeo clarified that only the robbery charge against Ilagan, allegedly Hayashi’s former lover and masseur, has been dropped by the city prosecutor’s office. "It was not an outright dismissal (of all charges)," he said.
Borromeo said that city prosecutor Ramon Rodrigo "overruled" the recommendation of chief inquest prosecutor Oscar Yu.
In a three-page resolution, Yu recommended the dismissal of the robbery and homicide charged filed by the Caloocan police against Ilagan for "insufficient evidence."
Yu noted "several serious flaws," especially in the sworn statements of witness Reynaldo Ortillano.
Yu pointed out that Ortillano submitted two sworn statements within four days and that the witness failed to subscribe, or sign, them immediately.
Moreover, Yu noted that Ortillano made additions to the second statement, "to strengthen the case of robbery with homicide against the respondent (Ilagan)."
Yu also noted that Ortillano described the man he saw knocking on Hayashi’s door on the night of July 22 as fair, 5’2" in height, with a good build. Ilagan, however, is of heavy build and about 5’8."
Finally, Yu said there was "willful suppression of evidence" by the police after the latter did not submit the fingerprints lifted from the crime scene as not one of them was Ilagan’s.
Both Rodrigo and Yu could not be reached for comment.
Borromeo said submitting two affidavits within days of each other as in the case of Ortillano was only "normal."
He added that police are "continuously gathering more solid evidence" against Ilagan. Borromeo said investigators are looking for a male public school teacher who reportedly saw Ilagan in the area and could corroborate Ortillano’s statement.