Babaran’s appeal: Errors of facts and errors of law

Conflicting statements of the defense’ witnesses and destroying the dead victim’s reputation bolstered the prosecution’s case, leading to the conviction of former barangay Pagatpat chair Achilles Jude of two counts of rape.

Regional Prosecutor Merlyn Uy said Tuesday that although the main complainant of the case is already dead, the prosecution still won by relying on other evidence of the rape case.

The doctor and the 16-year-old mother’s testimonies were key evidence during the three-year trial.

Although the defense team presented many witnesses to the stand, Uy said they however destroyed the reputation of the dead victim, accusing him as a prostitute.

“Ilang gidaot ug ayo ang reputation sa usa ka minor nga biktima sa 2 counts of rape. It was very unfair because she could not defend herself because she is already 6 feet under the ground,” Uy said.

Lawyer Dale Mordeno, Babaran’s legal counsel said they filed a motion for reconsideration, and will later appeal the case at the Court of Appeals on the grounds of “errors of facts and errors of law”.

In September 2016, the Regional Trial Court Branch 37 issued a warrant of arrest against Babaran. The former Pagatpat chieftain however went in hiding for about 3 weeks and was only arrested after he admitted himself at the JR Borja General Hospital.

He was transferred to Lumbia City Jail two days after.

Babaran raped the 16-year-old girl on two occasions--June 19, 2015 and September 22, 2015. She was however found dead inside the bathroom of a hotel room on July 12, 2016.

The girl was allegedly killed by a certain Jason Caramba whose whereabouts are still unknown, making her murder case cold. PJ Orias