RAPE CASE DISMISSED
Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTER OF BATAAN
Balanga, Bataan
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To help us resolve this case it may be important to note the events that event that transpired before this case was filed.
On October 17, 1997, Liza told her teacher, Adoracion Navarro, at the East Dirita Elementary School that she was sexually abused by Roger, the son of their housekeeper. She was then brought by her teacher to the PNP, San Antonio Police Office, to bring the matter to their attention. Her case was thereafter referred to Corazon Fronda of the DSWD who brought her to the San Marcelino, Zambales for medical examination. The examination of Liza revealed"Hymen intact"; "Anus, intact no signs of laceration."
On January 29 1998, Corazon Fronda of the DSWD, Mary David of PREDA, and a personnel from the NBI, took Liza while in school for protective custody. From there, she was first brought to the NBI, Olongapo City, for preliminary interview but no statement was taken of Liza at the time. Then she was brought to PREDA for physical custody.
Meanwhile Alan Dale Edmonds filed a Habeus Corpus case against the respondent. On order of the court, Liza was transferred to the custopdy of the DSWD Lingap Center in Olongapo City. Upon her admission in the said center, she was immediately subjected to "intake interview" and psychological evaluation. In the process, she told the DSWD personnel that she was sexually abused by Roger and her elder brother Oscar. And according Adelina Apostal of the DSWD, this matter was also related by Liza to her father in her presence and in the presence of social worker Angustia Clavecilla.
Because of Liza's insistence that she was sexually abused by Roger and Oscar, the DSWD have caused to subject Liza for another medical examination in another hospital with the consent of her father. Liza was then brought on March 4 1998, at the James Gordon Memorial Hospital for this purpose. On the same day, the result came out as follows: "…hymen is lacerated with healed sharp edges …" They immeidiatly informed Lizas father of this result and agreed to file a complaint against Roger and Oscar.
However, the following day, Liza's father backtracked and told this DSWD that he is not going to file a complaint against Roger and Oscar. He even threatened to file charges against the DSWD personnel should they pursue the case against the two. Unshaken by the threat, Adelina Apostal instructed Clavacilla to have Liza's statemnt taken by the NBI as it was so taken on March 9, 1998.
On March 19, 1998, the NBI- Olongapo City, forwarded the sworn statement of Liza to Prosecutor Floresta, Provincial Prosecutor of Zambales and Special Prosecutor for child abuse cases in Olongapo City and Zambales, charging Roger for ten counts of rape, and Oscar for two counts of rape.
On April 28, 1998, Alan Dale Edmonds filed a case before the Prosecution office of Olongapo City for Violation of Section 5 (b), Art III, RA 7610, against Shay Cullen of Preda for allegedly sexually abusing Liza. In his co0mplaint he cites the fact that before Liza was brought to Preda, her medical examination result show an intact hymen and after she was transfererred to the DSWD-Lingap Center and was again subjected to medical examination in another hospital, her daughters hymen this time shows a healed laceration. We, however, dismissed this case for insufficiency of evidence.
Because Liza was already transferred from Preda to DSWD-Lingap Center, the habeus corpus case against the respondent was dismissed on 13 May 1998 for being academic. Still, Alan Dale Edmond's misery over the custody of her child did not end here as he was again constrained to file another habeus corpus case against the DSWD. Finally on May 20, 1998, the court issued an order restoring the custody of Liza to Alan Dale Edmonds.
On May 27, 1998, we dismissed the case against Roger and Oscar for faliure of Liza to appear in the preliminary investigation who was then already under the custody of her father. Instead, on 27 October 1998, she executed the instant handwritten complaint, who was assisted by her father, and this time accusing the respondent as the person who raped her.
After thoroughly evaluating the allegations of Liza as well as the
previous circumstances surrounding the case, we honestly believe that no
probable cause exists against the respondent for the crime charged for the
following reasons:
1. At the very outset, it was Roger whom Liza was
accusing of sexual abuse. This was the time when she told her tacher about
the matter;
2. When Liza was under the care and custody of the DSWD-Lingap Center, she
again related to the DSWD personnel as well as to her father that she was
sexually abused by Roger and Oscar. This is why, she was again subjected
to medical examination in another hospital.
3. Subsequently thereto, she also gave a statement before the NBI personnel
that she was raped by Roger ten times, and she was also raped by Oscar two
times.
4. During all these times, never did Liza mention to anybody that she was
sexually abused at Preda when she could have easily done so whenever his
father was allowed to visit her at Preda, and when she was already transferred
at the DSWD-Lingap Center;
5. Moreover, in her affidavit dated 18 August 1998, she stated "That
I know that something happened to me, as I have experienced bad dreams about
Father Cullen raping and killing me, I believe that what I dreamed about
did happen to me because I felt different afterwards and very afraid."
As can be readily observed, her claim of rape against Cullen was brought
about by her dreams. But there is no rape through dreaming. If indeed she
was raped at Preda by Cullen, why did she not categorically state so in
the said affidavit the way she narrated it in her handwritten complaint.
WHEREFORE, premises considered, the instant complaint is dismissed.
SO RESOLVED.
Balanga, Bataan, 08 April 1999
OSCAR M. EASAM |
