EXPLAINER: When can a case be considered ‘solved’
MANILA, Philippines–When can a case be considered “solved?”
In the case of the death of flight attendant Christine Dacera, the police said the case is “solved” because the suspects have been identified and it was already resolved by the Scene of the Crime Operative (SOCO).
But Brig. Gen. Ilderbrandi Usana, PNP Spokesperson said the case cannot be considered “cleared.” “Case cleared,” he said, is if all suspects had been arrested “and they are already brought to the court so that’s already cleared.”
READ: Flight attendant’s rape-killing: PNP says it’s ‘case closed’ because suspects identified
Memorandum Circular No. 94-017 of the National Police Commission (Napolcom) titled “Adopting a Uniform Criteria in Determining When a Crime is Considered Solved” enumerated several elements for a crime to be considered “solved” not just the identification of suspects.
Under the circular, a case shall be considered solved if: 1. the offender has been identified; 2. there is sufficient evidence to charge him; 3. the offender has been actually been taken into custody, and 4. the offender has actually been charged before the prosecutor’s office or court of appropriate jurisdiction.
Article continues after this advertisementThe content of this circular is reiterated in Memorandum Circular No. 2020-006 dated Aug. 25, 2020, which was signed by Interior and Local Government Secretary Eduardo Año as Napolcom Chair, together with the late Atty. Rogelio Casurao, Napolcom Vice-Chair, and Executive Officer, and two other Napolcom commissioners.
Article continues after this advertisementIn the case of Dacera’s death, the first element was met as all 11 suspects have been identified but only three were taken into custody. The three who were previously taken into custody in addition to eight others have been included in a complaint.
Next, is there sufficient evidence to charge the suspects? The Makati Prosecutor’s Office said there is none. It has set a preliminary investigation on Jan. 13 asking the Makati City police to submit additional documents including a DNA report, a toxicology report, and a histopathology report.
Prosecutor General Benedicto Malcontento said the case is not yet solved, in fact, the preliminary investigation is just the beginning. He said the complaint filed by police is premature.
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