Wednesday, July 16, 2008 8 persons, including 3 minors, accused of raping 14-year-old
THE Mandaue City Prosecutors’ Office filed 11 counts of rape last Monday against eight suspects, three of them minors, for allegedly raping a 14-year-old girl last year in the public cemetery.
Eight suspects first invited Anna (not her real name) to share some drinks at 10 p.m. last May 19, as she headed home from a dance practice. When she got drunk, they allegedly dragged her to the public cemetery and raped her beside the tombs.
Two weeks later, at 11 p.m. on May 31, the assault was repeated. Three of the eight suspects allegedly blocked the girl’s way and dragged her to an old, unoccupied store where they raped her. She was also heading home from a dance practice earlier that night.
More than 1 year
All the suspects, residents of Barangay Guizo, remain at large. It took more than a year for Prosecutor I Henry Pascua to conduct his preliminary investigation.
Before the suspects were charged, they reportedly reached a settlement with the complainant.
According to the case records, Pascua ordered a social worker to submit an assessment of whether the minor suspects exercised discernment during the alleged assault. No report was filed, so the prosecutor relied on his own assessment in filing the case.
When sought for reaction, the social welfare officer said she thought the case was already dismissed at the prosecutor’s level so she did not bother to submit her assessment.
The information sheet named as respondents Jerald Quintana, 18; Neil Mark Dueñas, 19; Alvin Abarquez; “Minor A, Minor B, Minor C; and John and Peter Doe.” Sun.Star Cebu is withholding the names of the three suspects who are minors.
The information also revealed that social worker Fedelina Pesquera was ordered to submit her assessment last September 2007.
“Allegedly, Ms Pesquera had tried to settle the case amicably and even questioned the complainant about her complaint and the attached medical certificate,” Pascua said.
Hearing
The prosecutor recommended that eight counts of rape for the May 19 incident be filed against Quintana, Dueñas, Minor A, Minor B, Minor C, John and Peter Doe. It is not clear why Alvin Abarquez was not mentioned. (Pascua was on leave yesterday.)
Pascua also recommended the filing of three more counts of rape against Quintana, Dueñas and Minor A for the May 31 incident.
He stated that the respondents appeared with their counsel and parents during the clarificatory hearing last July 20, 2007, but failed to submit their counter-affidavit.
In her affidavit, the girl said she went to the chapel in Barangay Guizo to seek shelter from the rain last May 19, 2007, when the suspects passed by and invited her to have a drink.
They had beer and brandy inside one suspect’s house, and she got drunk so she decided to leave, the girl said. But Quintana, Abarquez and John Doe allegedly followed her to the street, then dragged her to the cemetery.
The other suspects followed them there. One held her arms while the others served as lookouts, as the suspects allegedly took turns raping her.
Her ordeal was repeated on May 31, when Quintana, Dueñas and Minor A suddenly appeared as she passed by a videoke joint, dragged her to an empty store and allegedly raped her.
After the second rape, the girl left her home. She only told her parents of her predicament after they found her.
Since three suspects are minors, Pascua referred them to Regional Trial Court (RTC) social worker Pesquera “as early as September 2007.”
“However, Ms. Pesquera had intimated to the undersigned (Pascua) that the parties had already settled the case amicably and believed that the two minors had no discernment,” Pascua stated.
The private complainant and her mother also told Pascua that they already appeared before Pesquera last September and October 2007, and that they already settled the case amicably.
Pascua, however, told them that amicable settlement and desistance in a rape case are not allowed at the prosecutor’s level.
After failing to get any assessment from Pesquera, Pascua decided to talk to the minors himself.
They told Pascua that they were at home either watching television or sleeping when the crimes took place.
When sought for comment, Pesquera confirmed she received a prosecutor’s request for an assessment last June 27, 2008 but when she visited Minor B and Minor C last June 30, they were no longer living in Barangay Guizo.
She said she then told the prosecutor that the minors were no longer living in their given addresses. She also said an amicable settlement had been reached, but that it was not clear when this took place. (OCP)
