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Tuesday, September 27, 2005
Talisay man sent to death row
A resident of Talisay City was sent to the death row yesterday for molesting his six-year-old daughter more than three years ago.
In another case, a resident of San Fernando, Cebu was also slapped with life imprisonment for sexually abusing his niece two years ago.
In the first case, Regional Trial Court Branch 14 Judge Raphael B. Yras-torza Sr. imposed the maximum penalty of death on Edgar Padigos, who was found guilty of rape in relation to child abuse and acts of lasciviousness.
Victim Nene (real name withheld) testified that her father molested her inside their house in Barangay Candulawan, Talisay City on Aug. 26, 2002, while she slept.
The following day, Padigos continued to molest her.
In Dr. Naomi Poca’s testimony, the victim showed signs she had sexual intercourse.
Padigos denied the charge, saying it was his estranged wife, who was living with another man, who fabricated the charge against him.
He said his wife prevented him from letting their daughter return to their conjugal house.
He was just surprised when policemen arrested him a few days after he had a quarrel with his wife.
Judge Yrastorza gave more weight to the victim’s allegations, saying the pain the child felt and the tears that fell during her testimony were “not merely theatrical.”
Yrastorza, in imposing the death penalty, hopes the President would exercise her power to commute the sentence.
The judge directed Pa-digos to pay the victim P125,000 in moral and exemplary damages.
Yrastorza also directed the Department of Social Welfare and Development to take custody of the victim for rehabilitation.
In the second case, Yrastorza convicted Ro-lando Q. Cano of rape for molesting his niece about two years ago in San Fernando, Cebu.
The victim said Cano told her to drink during a fiesta celebration, which made her feel dizzy.
He then molested her in the house of her grandmother.
Dr. Yvonne Redoble of the Vicente Sotto Memorial Medical Center testified that the victim had lacerations in her hymen, which indicated sexual intercourse.
Yrastorza, in his decision, said he could not impose the maximum penalty of death on Cano because the prosecution failed to prove that the victim was a minor and that the case information did not indicate that the two were related.
With such lapse, Cano could only be held liable for simple rape.
Yrastorza directed Cano to pay the victim P50,000 in civil indemnity and P50,000 in moral damages. (GN)
(September 27, 2005 issue)
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