AN ASSISTANT chef of a restaurant in Barangay Maribago, Lapu-Lapu City and his companion were arrested in an entrapment operation on Tuesday, December 4, after he was accused of uploading a video of himself having sex with a 13-year-old girl on social media.
McClark Alvaro Aying, 21, a resident of Sitio Masiwa, Barangay Marigondon, was accused by Maria (real name withheld for being a minor) of using their sex video to blackmail her into repeatedly having sex with him, as well as into having sex with some of his friends.
Aside from Aying, police also arrested his co-worker, Jomel Ceniza Pagalan, 23, a resident of Sitio Proper in Barangay Mactan but a native of Carmen, Cebu.
Aying denied the allegations against him.
Anita Jumamil, a Gender and Development officer assigned in Barangay Basak, said Maria’s parents approached her Tuesday night, to report that a sex video of their daughter had been circulated on Facebook.
When Jumamil saw the sex video, she immediately called the Children’s Legal Bureau (CLB) and the Mactan Police Station for assistance in catching the culprit.
During her interview with Maria, the 13-year-old admitted to Jumamil that she had sex with Aying last month inside the restaurant where he was working.
Aying reportedly started taking videos of their sexual act. Since then, he would contact Maria and threaten her that he would circulate the video if she refused to have sex with him.
Aying used the same video to blackmail Maria into having sex with another man or have Maria bring another minor to have sex with his friends, said Jumamil.
Every time Maria would comply with Aying’s demands, the suspect would then make her believe that he had deleted the sex video.
When police received word that Aying wants to meet with Maria again, they immediately set up an entrapment operation to arrest him.
Aying even demanded that Maria bring another girl to have sex with one of his friends.
When Aying and Maria met at the agreed meeting place, he brought her to one of the rooms where Pagalan was already waiting.
The police immediately swooped in and arrested Aying and Pagalan.
Maria’s mother told SunStar Cebu that her daughter met Aying through Facebook and their relationship immediately led to a sexual encounter on November 3.
She admitted she felt embarrassed and saddened by her daughter’s plight especially that she and her husband raised Maria well.
She is also worried that the incident might lead to her daughter being bullied in school. She found out about Aying’s threats after reading her daughter’s messages with the suspect on Facebook.
She vowed to file charges against Aying as a way to prevent others from falling victim in the hands of Aying.
While he admitted that he had sex with Maria, Aying denied that he uploaded the sex video.
He said that Maria had “consensual” sex with him and he never forced her to do anything against her will. Aying admitted he didn’t even know that it was a crime to have sex with a minor.
“Wa sad ko kabawo kay siya man gud mismo ang ni kuan ba, nihatag ug kuan ba--magbuhat mi ana. Ikaw kuno, sir, hukaran ka, di pa na nimo kan-on (I didn't know because she was the one who, who gave--that we do it. If it were you, sir, if it had been laid out for you, aren't you going to eat it)?” Aying told SunStar Cebu.
Pagalan, on the other hand, denied having knowledge of Aying’s antics, adding that he was only there because Aying told him they would be hanging out.
He was surprised that he was arrested along with Aying.
Police Officer 2 Geralden Pacelan of the Mactan Police Station’s Women and Children Protection Desk said they will be charging Aying and Pagalan for violating Republic Act (RA) 9995 or the Anti-Photo and Video Voyeurism Act of 2009 and RA 7610 or the Anti-Child Abuse Law. (JKV)