DOJ to Pursue ‘Sabungeros’ Case Without Requiring Organized Groups

DOJ: Bodies Not Needed to prosecute ‘Sabungero’ Disappearance Case

MANILA, Philippines – The Department of Justice (DOJ) affirmed Wednesday that murder charges can proceed in the case of the missing cockfight aficionados, even without the recovery of their remains.

DOJ Spokesperson Assistant Secretary Mico Clavano clarified that Philippine law doesn’t necessitate finding a body to prove a murder occurred. he explained this aligns with the legal principle of corpus delicti, which focuses on establishing that a crime has been committed, not necessarily possessing the victim’s body.

“It is indeed not absolutely necessary to find the body of the victim to prove the crime of murder,” Clavano stated in a message to reporters. “Presenting the body would be damning evidence, but the fact of death can be proven through other means – photos, videos, or other compelling evidence.”

The DOJ has initiated a request to the Japanese government for specialized equipment to aid in the potential recovery of remains believed to be dumped in Taal Lake, Batangas. The search, if approved, will be a collaborative effort between law enforcement, and the Department of Surroundings and Natural Resources-Mines and Geosciences Bureau.

The investigation centers around a suspect whose leased fishponds in Taal Lake have been designated as “ground zero” for the search, according to Justice Secretary jesus Crispin Remulla. Dozens of sabungeros (cockfight aficionados) remain missing.

The DOJ is awaiting a response from Japan regarding the equipment request.

(PNA)

What specific legal basis, such as a Presidential Decree, is being utilized to pursue charges against individual *sabungeros*?

The department of Justice (DOJ) has announced a notable shift in its approach to prosecuting cases related to sabong (cockfighting), specifically those involving individuals known as “sabungeros.” This decision, revealed recently, marks a departure from previous requirements demanding proof of organized groups to pursue charges. This article delves into the implications of this change, the legal basis, potential outcomes, and what it means for those involved in the sabong industry.

Understanding the Previous Legal Landscape

Historically, prosecuting illegal sabong operations in the Philippines required demonstrating the existence of a syndicate or organized group. this stemmed from the legal framework surrounding illegal gambling, often requiring proof of a structured network facilitating the activity. This presented a challenge for law enforcement, as proving organizational ties could be complex and time-consuming. The DOJ’s role, as outlined by resources like AmericaExplained.org, centers on integrating executive and judicial powers, and this shift reflects a re-evaluation of how those powers are applied in this specific context.

The DOJ’s New Directive: Individual Accountability

The recent directive from the DOJ clarifies that prosecution can now proceed even without establishing the presence of an organized group. This means individual sabungeros – those participating in, facilitating, or profiting from illegal cockfighting – can be held accountable under the law.

Here’s a breakdown of what this entails:

Focus on Individual Acts: the DOJ will now prioritize prosecuting individuals based on their direct involvement in illegal sabong activities.

Reduced burden of Proof: Law enforcement no longer needs to prove a complex organizational structure to secure convictions.

Expanded Scope of Prosecution: This opens the door to prosecuting a wider range of individuals involved, from bettors and collectors to those managing the sabong arena itself.

Relevant Laws: Prosecution will likely fall under existing laws prohibiting illegal gambling, specifically Presidential decree No. 1602, which prescribes penalties for illegal cockfighting.

Implications for Sabungeros and the Sabong Industry

This change has far-reaching implications for everyone connected to the sabong world.

Increased Risk of Arrest & Prosecution: Sabungeros now face a significantly higher risk of arrest and criminal charges, even if they aren’t part of a larger syndicate.

Potential Penalties: Penalties for illegal gambling under PD 1602 can include fines and imprisonment. The severity of the penalty depends on the specific offense and the individual’s role.

Impact on Informal Sabong Arenas: The crackdown is expected to disproportionately affect smaller, informal sabong arenas that operate outside the purview of licensed sabong pits.

Shift Towards Legalized Sabong: This move could indirectly encourage participation in legally sanctioned sabong operations, where activities are regulated and taxed.

Case Studies & Real-World Examples

While this is a recent development,similar approaches have been used in other illegal gambling prosecutions. Such as, in cases involving illegal online gambling, authorities have successfully prosecuted individuals based on their roles in facilitating transactions, even without proving a large-scale organized crime network. This precedent likely informed the DOJ’s decision regarding sabong.

In 2023, several high-profile raids on illegal sabong operations resulted in the arrest of numerous individuals. though, many cases were stalled due to difficulties in proving the existence of a syndicate. The new DOJ directive aims to overcome this hurdle.

benefits of the new approach

The DOJ argues that this new approach offers several benefits:

More Effective Law Enforcement: Simplifies the prosecution process, allowing law enforcement to focus on individual criminal acts.

Deters Illegal Gambling: Increases the risk for participants,perhaps deterring involvement in illegal sabong activities.

Strengthens Rule of Law: Reinforces the principle that individuals are accountable for their actions, regardless of organizational affiliation.

Increased Revenue for Government: by encouraging participation in legal sabong, the government can increase tax revenue.

Practical Tips for Sabungeros

Given the increased risk, sabungeros should consider the following:

Understand the law: Familiarize yourself with the laws surrounding illegal gambling in the Philippines.

Avoid Illegal operations: Refrain from participating in sabong activities that are not conducted in licensed and regulated arenas.

Seek Legal Counsel: If you are arrested or charged with illegal gambling, promptly seek legal advice from a qualified attorney.

Be Aware of Your Surroundings: Be cautious about the environments where sabong is taking place and avoid any activities that could be construed as illegal.

Resources for Further Information

Presidential Decree No. 1602: