BAGUIO City prosecutors recommended the filing of violations of the anti-hazing act and murder charges against five Philippine Military Academy (PMA) cadets and officers for the death of Cadet Fourth Class Darwin Dormitorio in September 2019.
In the 66-page resolution, the three prosecutors recommended for Third Class (3CL) Shalimar Imperial Jr., 3CL Felix Lumbag Jr., 3CL Julius Carlo Tadena to be prosecuted and indicted for hazing as defined by Republic Act 11053 or Anti-Hazing Act of 2008.
Respondents Imperial, Lumbag and Captain Flor Apple Apostol, Major Maria Ofelia Beloy and Ceasar Candelaria were also indicted for murder.
Tadena is also accused of less serious physical injuries while 2CL Christian Zacarias is indicted for slight physical injuries.
However, charges against 1CL Axl Rey Sanopao, 3CL Rey David John Volante, 3CL John Vincent Manalo, Major Rex Bolo, Captain Jeffrey Batistiana and former PMA Officials Lieutenant General Ronnie Evangelista and Brigadier General Bartolome Vicente Bacarro were dismissed for lack of probable cause.
Assistant City Prosecutor Margarita De Guzman Manalo, Edwin Brian Sagsago, Philip Randolf Kiat-ong in their resolution said the untimely demise of Dormitorio was the result of several missed opportunities and a series of mishandling of facts and decision-making.
"The doctor’s failure to provide the proper medical treatment and care were patently and unmistakably indispensable in the resulting death of their patient, who was already suffering from serious internal injuries inflicted by two upper-class cadets," prosecutors added.
Findings of the city prosecutors also stated the attacks on Dormitorio resulting in his death were attended by treachery and abuse of superior strength employed by Lumbag Jr. and Imperial Jr., who both denied charges filed against them.
"The repeated maltreatment and physical abuse suffered by Dormitorio is by no less cruel, harsh, and vicious. The postmortem physical examination conducted on his body exhibited all signs of abuse. He had numerous fresh healing injuries to almost all parts of his body-head, arms, chest, genitals and all. We make no reservations on the fact that he did suffer in all those times that his upperclassmen individually or collectively laid their hands on him," added the resolution.
Dormitorio’s case was filed by his brother Dexter in October 2019, including a supplemental complaint filed in November.
Police investigation shows the 20-year-old from Cagayan de Oro died on September 18, 2019, due to injuries he sustained from beatings inflicted by upper-class cadets inside the academy.
Both Bacarro and Evangelista resigned from their posts as a virtue of command of responsibility after the death of Dormitorio.
On Thursday, the Dormitorio family, in an official statement, expressed relief that a resolution has been made after nine months.
"We are grateful that the prosecutors concurred with our position regarding the Anti-Hazing Law being applicable in PMA. I would just like to reiterate that our enemy is hazing and not the institution. However, our family is dissatisfied with the resolution because the Anti-Hazing Law of 2018 was only selectively and partially applied. We only yearn for fair justice but at this juncture, we feel like we are already being deprived of it," added the statement.
The family added they are still reviewing the resolution and considering all possible legal options.