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Wednesday, January 10, 2007
Woman drops charge v. priest
By Jujemay G. Awit
CEBU CITY -- A year ago, she claimed she was raped thrice by Fr. Joey Belciña. Now, the complainant just wants "to move on."
The 19-year-old woman formally asked the court to dismiss the child abuse case against Belciña Tuesday.
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She filed an affidavit of desistance, subscribed and sworn to before Danao City Prosecutor Jose Dionisio Kyamko last January 3.
The motion to dismiss was filed on the same day, even as the defense objected to it.
Judge Manuel Patalinghug of the Danao City Regional Trial Court (RTC) Branch 25 repeatedly asked the woman if she was sure she wanted to drop the case.
The woman did not waver in her intention to have it dismissed when she took the witness stand Tuesday.
She is no longer interested in prosecuting the case, the single-page motion to dismiss read.
She also stated in her affidavit of desistance: "After some serious and careful deliberation, I have decided to no longer pursue the (child abuse) case against Belciña for reasons of reconciliation and peace."
There were no details given.
Settlement
On February 10, 2006, the woman filed a complaint accusing the priest of raping her at least thrice: on July 22, 2005, December 25, 2005 and January 28, 2006.
But a panel of prosecutors resolved to file only a case for child abuse, stating that consensual sex happened between the two. The complainant was only 17 years old during the first incident, though, hence the case.
Belciña was the parish priest of Barangay Maslog, Danao City, when the incident happened. He took a leave of absence from the parish when the controversy broke out.
After she testified Tuesday, the woman immediately left the courtroom along with a few supporters, her mother and a representative of Provincial Board Member Agnes Magpale, who represents the fifth district where Danao belongs.
There are reports that Belciña paid the woman P300,000 to drop the case.
But Belciña's collaborating counsel, Sheilamar Saliganan, said that the defendant was not even privy to the motion to dismiss.
Forgiveness
Belciña was not around Tuesday.
"In my quest for spiritual healing, I have decided to move on with my life and leave everything to God, to give Fr. Belciña the forgiveness he seeks," the woman's one-page desistance read.
"I am executing this affidavit, which has been drafted at my instance, to freely and voluntarily attest to the truth and veracity of the foregoing facts, without any threat, violence, undue influence, for the purpose of seeking the dismissal of the case, and with full knowledge of the consequences of the execution of the instant affidavit," it read further.
To erase any doubt, Patalinghug asked the woman if her affidavit and testimony have the blessing of her parents and the social worker handling her case.
"Naa daw na nako ang desisyon (They said it was my decision to make)," she said.
Judge Patalinghug asked her to introduce her mother, who was also present in the courtroom, one of the few spectators left when the case was called past 4 p.m. Tuesday.
There were no supporters of Fr. Belciña around.
Last chance
Judge Patalinghug said he wanted to make sure the complainant understood the contents of her affidavit, written in English. The woman answered questions through an interpreter.
She insisted, however, that she understood the affidavit and that she was not forced to sign it.
"Remember that when you withdraw this case, you can no longer re-file," reminded the judge.
But the complainant was firm in saying that it was her final decision. "I want to move on and focus on my studies," she said.
Kyamko, who was representing the woman, opened the intention to dismiss the case in court.
Defense counsel Saliganan objected. "We object because the motion to dismiss was without consent from the accused," Saliganan told the court.
She did not expound her stand when Sun.Star Cebu interviewed her after the hearing.
"After hearing and taking into consideration (the arguments of both parties), the court gives due notation to the insistence of the private complainant to have this case dismissed and the vehement objection of the defense counsel," Patalinghug ruled.
The motion is deemed up for resolution. (Sun.Star Cebu)
For more Philippine news, visit Sun.Star Bacolod. (January 10, 2007 issue)
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