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Monday, July 31, 2006
Prosecutors allow clarificatory hearing for rape case v. cop
By Joy Romares-Sevilla
THE City Prosecutor's Office has granted the joint motion for reconsideration and motion to set case for clarificatory hearing filed by a traffic police accused by his niece of rape last year.
Prosecutor I Retrina E. Fuentes now considers the counter-affidavit submitted although late by accused named Nelson Burgos, Philippine National Police (PNP) member assigned at the Traffic Management Group, and resident of Buhangin.
Burgos was earlier charged with ten counts of rape and acts of lasciviousness by one Mylene (name withheld for being a minor), 15, the daughter of his cousin, who was staying in his house when the incidents happened.
The rape charges were resolved by Prosecutor Gaye T. Cañete resolved the case and recommended for filing in court where it is now pending.
Aside from the ten counts of rape, Mylene also filed five separate information for acts of lasciviousness against Burgos.
These complaints were resolved on February 21, 2006 indicting Burgos for four counts of the offense charged and not five.
In his motion, Burgos seeks to be clarified why his counter-affidavit was not considered in the resolution of the case when in fact, according to him, he filed his counter-affidavit and the affidavit of his witnesses. He also contends that the charges for the acts of lasciviousness are already absorbed in the felony of rape.
The prosecution noted that Burgos filed his counter-affidavit on December 14, 2005 even as the notification was served him on November 7, 2005.
After Burgos failed to filed his counter-affidavits in the period prescribed, the prosecution resolved the case for filing in court on November 30.
The prosecution added that as to the contention that the crime of acts of lasciviousness is already absorbed in the felony of rape, "the same is impressed with merit" only in one of the charges. There appears to have been other acts of lasciviousness that were not necessarily partnered with rape, in three instances, the prosecutor said.
Mylene said in her affidavit that she was raped by Burgos once on February 26, 2005, once on March 2005, and eight times in the succeeding months until July.
She said she started living in Burgos' house on June 9, 2004 after Burgos and her father agreed that Burgos will be the one who will spend for her studies. In return, Mylene will be doing the household chores for the Burgos family.
Mylene said at around 10:30 p.m. of February 26, 2005, she awoke to find Burgos seated on her bed, naked.
Burgos then touched her in sensitive areas and then forced her to have sex with him.
Burgos has since been doing that repeatedly until July. Mylene said Burgos does this once his wife and child were already asleep in the next bedroom.
Burgos denies all these accusations.
The prosecution said that Burgos' contentions coupled with denial are evidentiary in nature and it will be best left for courts to decide.
For Bisaya stories from Davao. Click here. (July 31, 2006 issue)
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