THE conflicting statements of the defense panel’s witnesses and the attempt to destroy the dead victim's reputation bolstered the prosecution's case and led to the conviction of former Barangay Pagatpat chairman Achilles Jude Babaran of two counts of rape.
Regional Prosecutor Merlyn Uy said Tuesday, October 30, that although the main complainant of the case is already dead, the prosecution still won by relying on other evidence.
The testimonies of a doctor and the mother of the 16-year-old victim during the three-year trial were strong enough to pin down former barangay official.
Although the defense team presented many witnesses, Uy said they destroyed the reputation of the dead victim by accusing her as a prostitute.
"Ilang gidaot ug ayo ang reputation sa usa ka minor nga biktima sa two counts of rape. It was very unfair because she could not defend herself because she is already six feet under the ground," Uy said.
Lawyer Dale Mordeno, Babaran's legal counsel said they filed a motion for reconsideration, and will later appeal the case at the Court of Appeals on the grounds of "errors of facts and errors of law".
In September 2016, the Regional Trial Court Branch 37 issued a warrant of arrest against Babaran. The former Pagatpat chieftain however went in hiding for about 3 weeks and was only arrested after he admitted himself at the JR Borja General Hospital.
He was transferred to Lumbia City Jail two days after.
Babaran allegedly raped the 16-year-old girl on two occasions, on June 19, 2015 and September 22, 2015. She was found dead inside the bathroom of a hotel room on July 12, 2016.
The girl was allegedly killed by a certain Jason Caramba whose whereabouts are still unknown, making her murder case cold.