The information against Cadets Third Class John Louie Ong and Michael Perang was prepared by prosecutor II Alfredo Centeno and approved by city prosecutor Erdolfo Balajadia.
The prosecutor’s office said it found "overwhelmingly sufficient" evidence to indict Ong and Perang, while it absolved Third Class Cadets Omar Julius Labajo and Willard Aperocho. The city police earlier charged all four cadets for Domingo’s death.
In the information sheet, the prosecutor’s office said Ong and Perang, "with intent to kill and with evident premeditation and taking advantage of their superior strength," conspired in hitting Domingo with a lead pipe in different parts of the body, leading to his death.
The evidence against Aperocho and Labajo, the prosecutor’s office said, is "insufficient to sustain the existence of a probable cause to hold them for either homicide or murder."
Aperocho and Labajo were roommates of Ong and Perang at Room 322 at the Regis Hall, home of the PMA’s Alpha Company, where the killing took place.
The prosecutor’s office said evidence clearly showed that Ong and Perang kept the lead pipe in the room, concealing it under the beddings of one of them, even before they brought Domingo into the room.
It quoted witnesses as saying that Ong allegedly held the head of Domingo, who was in a stooping position, while Perang struck the victim with the lead pipe. Ong reportedly later delivered several fist blows to Domingo’s chest and abdomen.
"Domingo was as helpless as can be at the time. He could do nothing to defend himself considering that the respondents belonged to the upper class in the cadet corps…," the information sheet stated.
The prosecutor’s office, however, recommended the dismissal, "for lack of probable cause," of the hazing case filed by the Baguio police against the four PMA cadets.