Clearing of suspect from raps questioned

CEBU, Philippines - The sister of Mario Alfie Ducayag, the man accused of stealing a pair of sandals from a downtown mall and who was allegedly mauled to death by the mall’s personnel, has questioned a recent decision clearing one of the mauling suspects from the charges.

“Why Melvin Boyles was being dropped as respondent in the present resolution when he was included in the first resolution?” said Marie Shantylle Ducayag, sister of the late Mario Alfie.

Ducayag, 23, a resident of  Naga City, died after  he was allegedly mauled inside the mall’s security office on April 12, 2013. He was brought to the office following accusations he stole a pair of sandals.

Prosecutors first recommended that Boyles face charges in court together with co-accused Mauricio Doblados, Jr., the head of the mall’s security, and Jeffrey Aquino, operator of the mall’s closed-circuit television (CCTV) camera.

The three suspects filed their respective motion for reconsideration and Truya’s subsequent ruling cleared Boyles from charges. Truya also said existing evidence only supports a case for homicide and not for murder.

In an order supporting Truya’s second findings, city prosecution chief Nicolas Sellon said Boyles had no participation in the killing because he merely escorted Ducayag to the security office at that time.

“The mere fact that he (Boyles) was the one who escorted the victim to the Security Office is of no moment considering that it was just one of his routine duties as a security guard. Besides, he was merely instructed to do so by his superior in order that Ducayag’s claim that he paid the pair of sandals at counter 7 could be verified from the CCTV video footage.

He must, therefore, be dropped from the charge as correctly recommended by Prosecutor Truya,” Sellon’s order reads.

But Ducayag’s sister, apparently, isn’t convinced.

“We didn’t expect such change. We will talk to Sellon to ask him regarding the matter…We waited for eight months long,” she said.

Ducayag said she and her mother, Fe Soledad, intends to speak with Sellon about the ruling. They also intend to seek counsel from Atty. Elaine Bathan, president of the Integrated Bar of the Philippines – Cebu City Chapter, and from National Bureau of Investigation (NBI) -7 Director Antonio Pagatpat.

Meanwhile, the Office of the Ombudsman for the Military and Other Law Enforcement Office (OMB-MOLEO) has ordered Dr. Nestor Sator, medico-legal officer of the Philippine National Police (PNP), to file within 10 days his answer to the complaint filed by Fe Soledad.

Fe Soledad sued Sator after the latter said Ducayag died of asphyxia due to bleeding pulmonary tuberculosis. She said her son has no tuberculosis.

NBI medico-legal officer Rene Cam who conducted the re-autopsy said Ducayag died due to traumatic injury of the neck. (FREEMAN)