DOJ to probe Mercado partner’s death if asked by victim’s family

MERCADO

The Department of Justice (DOJ) will investigate the 2002 death of former Makati Vice Mayor Ernesto Mercado’s live-in partner only upon the request of the family, Justice Secretary Leila de Lima said Friday.

De Lima also clarified that there could be no missing files on the case contrary to reports, as the National Bureau of Investigation (NBI) never handled the investigation into the death of Mercado’s partner Racquel Ambrosio in the first place.

“We have no records of any investigation but we are willing to open an investigation if there is an official complaint by the family,” NBI Director Virgilio Mendez told the Inquirer.

No official complaint

Mendez said the NBI Death Investigation Division did not conduct an investigation more than 14 years ago because there was no official complaint.

Ambrosio, daughter of the late comedian Babalu, was found dead with a gunshot to her stomach in a condominium owned by Mercado in April 2002. Police found no evidence of foul play and ruled the death a suicide.

In a text message Friday, De Lima called “inaccurate, if not misleading” earlier reports that made reference to missing NBI files on the case, as Mendez himself had confirmed on Thursday.

“If there was no investigation, there can be no files that may be said to be missing. To put in another way, such files are nonexistent. It is thus inaccurate, if not misleading, to allude to a ‘disappearance of NBI files’,” said the justice chief.

UNA wants probe

The United Nationalist Alliance (UNA) had called on the DOJ to investigate the alleged missing files, saying the case folder’s disappearance could mean that Mercado had cut a deal with the Senate and the DOJ.

DE LIMA

Mercado is the key whistle-blower in the continuing probe into the alleged ill-gotten wealth of Vice President Jejomar Binay, who is among UNA’s leaders.

When contacted by the Inquirer, Mercado confirmed Mendez’s statement, saying the NBI was not involved in Ambrosio’s case.

“It was the police who conducted the investigation and who declared the death a suicide based on witnesses’ statements,” Mercado said.

Report for evaluation

He said he already sent a six-page police report on Ambrosio’s death to the NBI and the DOJ Witness Protection Program office for evaluation.

“I was able to get a copy of the full report and I have provided copies to these offices for their assessment,” Mercado said.

The police report dated May 15, 2002, and signed by former Makati City police head Supt. Jovito Gutierrez ruled the death of Ambrosio as a suicide.

“With all the evidences on hand, testimonies of witnesses and the result of the ballistics and paraffin examination, the investigation finds that the deceased was in the bedroom when she shot herself with her own gun,” the report said.

In the same report, Gutierrez also recommended that the case be closed.