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  Opinion
Editorials: Jojo de la Victoria’s death
Cabaero: Vigilante killings and GMA’s reprieve
Obenieta: Damning the dire
Seares: Privacy of nuns
Speak Out: A bedeviling rape case
Speak Out: Ensuring CICC’s success
Malilong: When crime victims become desperate




Tuesday, April 18, 2006
Speak Out: A bedeviling rape case
By Lex A. Amor
Luray 2, Toledo City


THE very controversial case against Rev. Father Jose Joey Belcina has again rocked the legal scenery. The office of investigating prosecutor Jose Kiamko of Danao City recently received a memorandum from the Office of the Regional State Prosecutor, the Honorable Antonio Arellano, asking him to inhibit from further proceeding with the investigation on the much anticipated preliminary investigation barely two days before its actual setting, or after no more than two days of consideration by the Regional State Prosecutor, without furnishing the other party of the motion and deprived of their right to contest the motion.

I commend the efforts of the lady advocate lawyer, Gloria Lastimosa-Dalawampu, who is at the same time a newly appointed commissioner of the Provincial Women’s Commission (PWC) for a terribly job well done. She is definitely a lawyer worth paying for. For despite the opposition of her client not to file his motion for inhibition, she persisted in doing so. Her wise call of judgment has indeed triggered a radical change of development of the case, ie: new panel of investigators, neutral place of hearing (preliminary investigation), new environment and more importantly, the avoidance of a hostile crowd.

I hope all lawyers will do the same for the welfare their clients, mindful also of the limitations of the lawyer-client relationship. But since the priest persisted in not filing the motion for inhibition (as admitted by Dalawampu in local papers), will her act be tantamount to grave abuse of discretion?

Conversely, with the recent handling of Dalawampu of the case against the 17-year-old girl, we will surely expect a good court battle. Surely, the Legal Alternatives for Women will not be remiss in their obligation/s of protecting the interest of the alleged woman-victim.

On the other side of the story, the Federacion Internaciones de Abogadas (Fida), a lady group of lawyers bannering for women’s rights, of which Dalawampu is president, is terribly bedeviled on the issue. With the handling of the case, my impression is that Fida’s heart is not wholly firm on its advocacy, except to a chosen few. One side is to protect the child violated of her rights, and the other is to defend a man accused of violating the latter’s rights. Probably, Fida is just being faithful to the holy. But what about the girl’s aspirations to serve the church while being a working student?

Being a follower of the case, I believe it should proceed just like the other rape cases filed in the Prosecutor’s Office. I’m sure that with the battery of witnesses to be presented by Dalawampu to refute the allegations, her long experience as prosecutor during the early days of her career vis-à-vis the witnesses to be presented by the alleged victim, Fr. Jose Joey Belcina’s case will be very interesting to follow.

Before I finally end, I will pose few questions for Dalawampu:

1.) Is her act of defending Fr. Belcina the dictate of her heart?

2.) And will it not compromise her avowed principle as advocate of women’s rights?

3.) Since the case is endorsed by the PWC, of which Dalawampu is a member, will it not affect the harmonious relationship of its members, since the PWC is very vocal in supporting the child, as well as of the Fida membership?


For Bisaya stories from Cebu. Click here.

(April 18, 2006 issue)
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