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Saturday, April 23, 2005
SC: Don't delay ruling on Custodio rape case
By Raquel C. Bagnol
DAVAO CITY -- The Supreme Court has ordered a Regional Trial Court in Davao City not to delay the judgment of a criminal case against a prominent businessman.
In a directive, the High Court asked RTC Branch 11 Judge Virginia Hofileña-Europa to resolve the case before May 2 this year.
In the wake of this development, the promulgation on the rape case against Jose Custodio, a civic leader and former president of the Davao City Chamber of Commerce and Industry Inc. (DCCCII), will push through on April 26, Europa said.
Custodio is accused of raping former DCCCII executive director Karen Vertido. Facing such charges, he has been detained without bail at the Ma-a City Jail since 1996.
Europa said the judgment of the case had been postponed twice in the past and another postponement will not be possible, citing the SC directive.
In her affidavit, Vertido alleged that Custodio raped her inside Bermuda Gateway Drive Inn on JP Cabaguio Avenue on the evening of March 29, 1996. Vertido filed the rape charges in the same year.
Custodio earlier admitted taking Vertido inside the motel, but denied raping her.
He claimed what happened between them was not rape but an act of two consenting adults.
In the past six years, the case was raffled and re-raffled to different RTC branches as three judges inhibited themselves from the case.
RTC Branch 15 Judge Jesus Quitain first handled the case, but gave it up after five years.
RTC Branch 33 Judge Wenceslao Ibabao next handled the case but had to inhibit after the prosecution panel questioned his impartiality.
The case was re-raffled to RTC Branch 14 but Judge William Layague also inhibited himself after the prosecution panel also questioned his impartiality.
Europa is the fourth judge to handle the case.
(April 23, 2005 issue)
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