JUDGE James Stewart Himalaluan allowed singer Noven Belleza to travel to the United States for his two-day concert on August 12 to 13, 2017.
Himalaluan, Regional Trial Court Branch 7 presiding judge, granted Belleza’s motion to travel to New Jersey pending the trial of his rape case.
“The accused has still in his favor the presumption of innocence at this point in time and going with the principle of balancing of interests in which his right to livelihood shall also be considered,” said Himalaluan in his one-page order.
Belleza’s lawyer, Leilani Trinidad Villarino, filed the motion asking Himalaluan to allow the singer to travel abroad starting August 10.
“Accused is not a flight risk and his request for travel abroad for four days is necessary to comply with his singing engagement,” the pleading read.
But prosecution lawyer Janice Lape asked Himalaluan to deny Belleza’s motion to travel abroad, saying the accused has not shown any permit of the supposed concert.
“Neither did accused shown sufficient proof on how his presence may be considered indispensable to the event,” the prosecution’s pleading read.
In the order, Himalaluan said that Belleza proved that his travel documents for a singing engagement are authentic and duly documented.
On the other hand, the judge pointed out the interest of the complainant who seeks redress of the alleged wrong done to her shall likewise be protected.
The judge directed Belleza to pay P150,000 as bond for his travel abroad.
Cebu City Prosecutor Ma. Theresa Casiño charged Belleza with rape under Article 266-A, Paragraph 2 of the Revised Penal Code, as amended by Republic Act 8353 (sexual assault).
“The accused, with deliberate intent, did commit an act of sexual assault (upon the victim)...without her consent and against the latter’s will,” the charge sheet read.
Belleza is out on bail.
Belleza’s counsel had also asked Himalaluan to suspend the proceedings and remand the case to the prosecutor’s office.
The defense wants the Cebu City Prosecutor's Office to conduct a preliminary investigation into the allegations that Belleza sexually harassed a fellow entertainer on the eve of the concert of comedian Vice Ganda last July 16.
Belleza, 21, of Bacolod City, is the grand champion of ABS-CBN’s “Tawag ng Tanghalan” singing competition.
He allegedly tried to rape fellow singer prior to the concert at IEC Pavillion in Barangay Mabolo, Cebu City.
The victim, a 19-year-old woman from Cebu City, said that Belleza asked her to accompany him to his condominium on Molave St, Cebu City on July 15.
She asked permission to use the toilet. When she got out, Belleza allegedly held her arms and pulled her towards him.
The victim said she tried to resist, but Belleza overpowered her. (GMD/SunStar Cebu)