Pa “rapes”daughter, charged in court

The Cebu City Prosecutor’s Office has recommended no bail against a father who allegedly sexually molested his own minor daughter 12 times.

Prosecutor II Genevieve Tabada-Lawas held accused, a resident of Cebu City, for trial after finding probable cause for violations of Republic Act 8353 or Anti-Rape Law in relation to Republic Act 7610 or child abuse.

“…accused was informed of the accusation against him and was given a chance to submit controverting evidence. That on the basis of the affidavit of the complainant and other evidence submitted, there is reasonable ground to believe that the crime of RA 83353 in relation to RA 7610 of the Revised Penal Code has been committed and that the accused is probably guilty thereof,” the resolution read.

The FREEMAN is withholding the names of the parties due to the nature of the case.

In her sworn-statement, the 13-year-old daughter alleged that she was sexually abused by her father 17 times. The abuse reportedly started when she was still 11 years old. She alleged the incidents happened inside their house and in Eastern Samar.

The first incident, she said, happened sometime in September 2015 at around 6:30 a.m.

She alleged that after she took a bath, she went to her room to change clothes, but her father reportedly followed and raped her.

The sexual abuses allegedly repeated until she reached 13 years old. The abuse only stopped when she told her friend about the incidents. It was the same friend who disclosed the wrongdoings of her father to the victim’s mother.

The minor said it took her long time to disclose the abuse because her father reportedly threatened to kill her.

On July 11, 2018, Lawas issued a subpoena directing the accused to submit his counter-affidavit to answer the allegations filed against him, but failed.

Lawas said on August 22, 2018, the minor filed a motion to withdraw complaint with affidavit of desistance, claiming there was a total misapprehension of facts and that no child abuse, sexual assault nor rape incident occurred but arose out of misunderstanding and marital squabbles between her parents.

“That I have realized that the whole incident which gave rise to this case was totally a family matter and it was the result of pure misunderstanding and miscommunication,” read the motion.

Lawas, however, denied the motion to withdraw complaint citing their office could not grant the same, in view of the state’s policy against recantations in rape cases involving minor victims.

With the foregoing, Lawas indicted the accused for 16 counts of rape since the one incident was committed in Eastern Samar, which was outside their jurisdiction, when they went therein, in its September 6, 2018 resolution.

Prosecutor IV and reviewing Officer Maria Theresa Calibugan-Casiño agreed to the findings of Lawas that there is probable cause to charge the accused before the court.

However, she only recommended the filing for 12 counts of rape and not the 17 as reflected. Cebu City Prosecutor Liceria Lofranco-Rabillas approved the findings.

“While indeed the time and date of the incident is not an element of the crime, we have to consider the gravity of the accusation vis-à-vis the allegations which were substantiated by complainant. Careful reading of the complaint would show that complainant made a sweeping statement that the act complained of happened for 17 times without any specification on the approximate time and date and abusive acts committed by respondent,” read the supplemental comment upon review read.