Baguio City, Philippines – The Municipal Trial Court for Cities Branch 1 in Baguio City has found two cadets of the Philippine Military Academy guilty in connection with the death of Darwin Dormitorio in September 2019.
Cadets Christian Zacarias and Julius Carlo Tadena were convicted of less physical injuries and slight physical injuries, respectively and were sentenced to 30 days of imprisonment.
Further, they were ordered to each pay the Dormitorio family P100,000 in moral damages and P50,000 in attorneys' fees.
Zacarias allegedly kicked Dormitorio in the morning of Sept. 17, 2019 when the latter failed to follow his instructions to get up from the bunk bed and stand straight. That time, the 20-year-old cadet was then holding his stomach and in pain from suffering maltreatment from other cadets in previous weeks.
In the evening of the same day, Tadena used a taser on Dormitorio’s scrotum.
The following day, the victim was found unconscious, and was declared dead at around 5 p.m. at PMA Hospital.
Why only “slight physical injuries”?
According to Dormitorio’s family lawyer, Jose Adrian Bonifacio, the two cadets were charged only of “slight physical injuries” due to the time required to heal the injuries.
“Seven to 9 days po kasi yung healing period of his injuries (burnt scrotum and contusions at the right of his body) assuming that he was alive, as testified by the medico-legal experts. If above 10 days of healing period, then it can either be less serious or serious physical injuries,” he told ABS-CBN News.
Darwin’s brother, Dexter Dormitorio, expressed he is glad even if the ruling is a lesser crime because it shows that what they did led to his brother’s death.
Doctors acquitted of reckless imprudence resulting in homicide
Meanwhile, the court acquitted former commanding officer of PMA Station Hospital Lt. Col. Ceasar Candelaria and medical officers Capt. Flor Apple Apostol and Maj. Maria Ofelia Beloy of reckless imprudence resulting in homicide.
Apostol and Beloy attended to the cadet when he was rushed to the hospital the day before he died. The doctors discharged him after he was diagnosed with urinary tract infection. However, their autopsy later showed that he died of ‘multiple contusion hematoma, bruises, and abrasions.’
Dexter admitted he is not happy with this decision “but the court decided based on testimonies and evidence submitted.”
“The fight is not yet over”
Dormitorio’s family lawyer said “the fight is not yet over” as they have a pending case for medical malpractice against the three doctors before the Professional Regulation Commission in Manila.
Tadena, along with cadets Shalimar Imperial Jr. and Felix Lumbag Jr., is facing separate charges for murder that are pending before Baguio City Regional Trial Court Branch 5.
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