NBI files raps vs 11 in Dacera case

MANILA, Philippines — The National Bureau of Investigation (NBI) yesterday filed charges before the Department of Justice against 11 persons in connection with the death of flight attendant Christine Dacera on Jan. 1.

In a statement, the NBI said the respondents are Mark Anthony Rosales, Romel Galido, John dela Serna III, Darwin Macalla, Gregorio de Guzman, Jezreel Rapinan, Alain Chen, Reymar Englis, Louie de Lima, lawyer Neptali Maroto and Maj. Michael Nick Sarmiento.

Sarmiento, a medico-legal officer of the Southern Police District, was charged with falsification of official documents by a public officer for “declaring untruthful findings on his autopsy report.”

Dacera’s family filed an administrative complaint of gross negligence and incompetence against Sarmiento in January over what they said was an “irregular and inaccurate” medico-legal report.

According to the complaint, Sarmiento ordered Dacera’s body embalmed witout his first conducting a medico-legal examination and he failed to secure samples of blood and other body fluids before the body was embalmed.

Yesterday, the NBI said the results of its investigation “revealed the glaring inconsistencies in the (Philippine National Police or) PNP autopsy report.” The bureau said that in contrast to Sarmiento’s report, Dacera’s bladder “was full of urine… and the NBI forensic team was able to extract 130 milliliters of urine.”

The NBI also noted that “no abrasion was found” in her genitals.  Police earlier accused Dacera’s companions during the New Year’s Eve party she attended, hours before her death, of raping her.

Dacera’s family maintained that she had been raped, but the NBI said it could not prove the claim.

Sarmiento declared that the cause of Dacera’s death was a ruptured aortic aneurysm. The NBI said its “re-autopsy” showed the cause of death “was microscopic evidence of peri-aortic hemorrhages and aortic wall disruption, suspicious for a bleeding dissecting aneurysm based on the review of slides of PNP crime laboratory.”

Diltiazem, a prescription drug for hypertension, was also found in Dacera’s system, based on the NBI’s toxicological examination.

In a press briefing yesterday, NBI spokesman Ferdinand Lavin said he does not know why Sarmiento wrote the autopsy report in such a manner.

Charges of obstruction of justice were filed against Maroto, who represents some of Dacera’s companions, as well as Rosales, Galido, Dela Serna, De Guzman, Rapinan, Chen, Englis and Macalla for “giving false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offenders.”

The NBI also filed charges of introducing illegal drugs against Rosales and delivering or giving away illegal drugs against Rosales and Galido.

A perjury charge was filed against Galido, Dela Serna and Macalla for “providing false testimonies.”

Dela Serna, Rapinan, Chen and De Lima were charged with reckless imprudence for their “reckless neglect” that led to Dacera’s untimely death, the NBI said.

Dacera, 23, was found unresponsive in a hotel bathroom on Jan. 1 and was declared dead after being rushed to a hospital.

Lavin said he finds it “impossible” for the occupants of one of the hotel rooms where Dacera partied to fail to see her breathing heavier than usual.

Dacera’s vomit found in the bathroom also had traces of drugs, he added.