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Rape case vs board member dismissed



CITY OF SAN FERNANDO -- Board Member Johnny “JQ” Quiambao is back from Canada and is ready to work again.

This, after the court dismissed charges of multiple rape and violation of Republic Act (RA) 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act filed by a 16-year-old lass about two months ago.

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In an order issued on October 7 by Judge Adelaida Ala Medina of the
Regional Trial Court Branch 45 here, the case against Quiambao was dismissed based on a motion to withdraw that was filed by State Prosecutor II Giselle Marie Geronimo after the alleged victim and complainant filed an affidavit of desistance.

In her affidavit, the victim said the case was “just a result of a misunderstanding and misapprehension, coupled with the fact that after the accused has explained his side regarding the matter, and having talked and settled things amicably among ourselves, accused is being dispensed of the crime charged against him.”

The complainant furthered said that she is aware that with the dismissal of the case, she could no longer revive or re-file the instant case and will be subject to double jeopardy.

’Two months in the dark’

In an interview with Sun.Star Pampanga Tuesday morning, Quiambao said he was happy that his two-month ordeal was over.

“I called you first because I wanted to convey my trust in your paper and to relay the news,” he said, narrating how and what he felt while the case was proceeding here.

“With the case, it was like that they tied my hands and bound my feet and was left in the dark. The two month ordeal was agonizing and my character was totally assassinated by my detractors. It has affected my family, my parents, and even my friends in the Filipino community in Canada. Masyado naman akong nabugbog,” Quiambao said.

He clarified that he did not go abroad to hide or escape the case.

“To be honest with you, every year in July till August I really go to Canada to visit my family there. When I left on July 15, my purpose was to attend the graduation of my child who was valedictorian of his class. It was his request a long time ago because he was and the
Filipino community there was proud. He wanted me to come up with him on stage. Then after that, we celebrated the birthday of my youngest child so I had to stay for a while there. But it is not true I was in hiding or was not coming back. But now that it is through, although my leave is until the end of this month, I will report back to work on
Monday at the Provincial Board (PB),” he said.

Quiambao said he has proof that the case filed against him was politically motivated, after his detractors got wind on his intentions to run for a higher post in 2010. He has been reportedly gunning for the position of vice governor or mayor of a third district town among his options.

“I believe and have proof that it was politically motivated. On July
27 during PGMA’s [President Gloria Macapagal Arroyo’s] Sona [State of the Nation Address], black propaganda leaflets were being distributed to Pampanga officials there. Then during the oath taking of the Lakas-Kampi-CMD, some of our board members called me up and told me some people, during the lunch at Plates and Platters in Guagua, that black propaganda leaflets were also being distributed there,” Quiambao said.

Although he refused to disclose names, Quiambao said the political propaganda against him was well funded and well oiled.

“I do not accept the charges against me and I deny all of it. I have not talked with my accusers nor have seen them the past months. The court has vindicated me,” Quiambao said.

He added that on the PB’s next session, he would deliver a privilege speech and apologize to his colleagues for having affected the image of the August body with his case.

“I just hope my detractors would finally lay the issue to rest. I just want to get back to work and serve the district once again. There are so many things we have to do rather than prolonging the issue. Let’s just get it over with,” Quiambao said.

In her decision, Judge Medina said: “Without the testimony of the private complainant, the prosecution counts its evidence insufficient to warrant the conviction of the accused beyond reasonable doubt.”

The court also set aside the warrant of arrest it issued against
Quiambao last October 1.





Feedback: Your views and reactions

nako mr. quiambao mag-resign

nako mr. quiambao mag-resign kana kakahiya ka kung matino utak mo may isip konsensiya ka bakit mo ginalaw ang 16 years old. public official kapa naman tapos di mo alam batas di ka sumusunod sa batas tumakas kapa sa canada dami mopang alibi. yon binayaran molang ang pobreng bata para makalusot ka sa kaso tapos sabihin mopa masaya ka sa pagka dismiss ng kaso sayo. sana magising na mga kapampangan wag ng iboto tulad ni JQ na walang hiya.

my question to this is

my question to this is simple. if the accused and accuser settled this, how much money was paid. how can rape be a misunderstanding, and how can you settle a rape accusation amicably?

there is so much talk of women's rights and justice in this country and cases like this make an absolute mockery of it all. if you got the money and pay enough of it you can make it go away. the guy walks away scot-free and the woman becomes a well paid hooker.

i'm sorry but that is what this amounts to. and without a trial this is how we all see it. either forget all this crap of women's rights or get real and prosecute and subpoena the "victim" if necessary.

even the judge's statement reads like a joke. i am foreigner living in this country and i'm very happy here. but never have i seen this level of corruption anywhere and like many people will tell you if you can't get it here you can always buy it and that goes for anything and everything. great if you got the dollars or the standing in the community but so very sad for the millions who can't afford it but instead have to resort to deals such as this just to survive. one law for them and lawlessness for the wealthy.

I say amen to the previous

I say amen to the previous comment.

Mr. Quiambao shouldn't be so

Mr. Quiambao shouldn't be so happy with the dismissal of the rape case against him. One working in the courts would know that an affidavit of desistance almost always comes with a price. If I am the accused and I know I have not done anything wrong, I will not be satisfied with an affidavit of desistance. For those who are knowledgeable in court proceedings, an affidavit of desistance is the most expedient but sometimes expensive way to dismiss a criminal case. But it doesn't necessarily mean the accused is innocent.