Case vs. ‘pretty thief’ dismissed for now
THE estafa case against the 16-year-old girl tagged as the “pretty thief” was provisionally dismissed yesterday, but the Provincial Social Welfare and Development Office (PSWDO) will not release the minor.
Defense lawyer Rene Abcede was confident that Josephine (real name withheld for being a minor) would be released yesterday, but PSWDO acting officerin-charge Rosalinda Jao said the order of Regional Trial Court (RTC) Branch 59 Judge Hermes Montero was limited to the dismissal of the case.
“We cannot release her until there is an order from the DSWD (Department of Social Welfare and Development) saying so,” Jao told reporters at least three times in an interview following the dismissal of the case.
Advised
Montero, in his open court order, based the dismissal of the case on the affidavit of desistance signed by Berna Beltran, owner of Cabo San Miguel Resort in Asturias town and confirmed by private counsel Simeon Dumdum Jr.
Josephine was set to be arraigned yesterday, but Dumdum informed the judge of Beltran’s intent to withdraw as complainant considering that the accused already settled the P15,000-bill.
It was called a provisional dismissal because it can be refiled within two years.
But Dumdum said his client is not interested in pursuing the case and was only after the civil aspect. The resort was already paid last Dec. 13, three days after Josephine’s arrest in Asturias town.
Other case
Though no formal charges were filed, Josephine was also accused of not paying a salon for services worth P2,000.
At the time of her arrest, Josephine had been staying in Beltran’s resort for three days. But Beltran didn’t see any reason to punish the minor.
Instead, Beltran gave Josephine some advice.
During the brief court proceeding, Josephine stayed inside the DSWD– owned vehicle, parked outside the Toledo City Palace of Justice.
After the hearing, Beltran went inside the vehicle to chat with Josephine.
In less than five minutes, Beltran was out and told reporters, “I gave her a rosary from the Holy Land.”
“(I talked to her) to advise her to be good, she’s so pretty… Magbinuotan na daw siya (She said she will be good),” said Beltran.
Jao also told reporters that Josephine has been doing better and wants to be better.
“She’s okay, she’s already better. Maybe she has already realized…” said Jao.
There have been no more suicide attempts by the girl.
“There were no more reports of (suicide) attempts. Perhaps, she felt that many people will be affected,” said Jao. Josephine reportedly tried to overdose on tuberculosis medicines last month.
Not at all
When asked if Josephine’s parents have contacted the PSWDO or the Provincial Women’s Commission (PWC), Jao said, “Not at all.”
Abcede said that Josephine’s mother is in Manila while her father is in Sogod, Southern Leyte, the girl’s hometown.
But Abcede, too, has not heard from the parents. He said he was hired personally by Josephine.
“I have no idea (about the parents), we still have to talk about that. At the moment she (Josephine) was arrested, she called me. Before she was arrested, we already knew each other because I was one of the lawyers in Sogod. I was her counsel of choice,” said Abcede.
The lawyer was surprised about PSWDO’s stance not to release his client, expecting that the dismissal of the case will result to Josephine’s automatic release.
Abcede barely had time to talk with Josephine because he arrived in court within seconds of the start of the court proceeding, after which, he went inside the DSWD vehicle to have a brief chat with the minor.
“Kadali ra kaayo (It was so brief). We didn’t talk about her immediate plans,” said Abcede.
Jao said the PSWDO, DSWD and the PWC will meet about Josephine’s fate.
Jao wants to personally turn over Josephine to Sogod, through the town’s social welfare office.
“We just want to be sure and do the right thing because she’s a minor,” said Jao, when asked about their refusal to turn over the girl to her lawyer.
Josephine covered her face with a shawl even inside the vehicle, but reporters and photographers caught a glimpse of her smile.