Child Abuser Sentenced to Long Jail Term
May 14, 2021 · By Shay Cullen
Child Abuser Sentenced to Long Jail Term
Shay Cullen
12 May 2021
Olongapo City- In a landmark decision, Judge Gemma Theresa B. Hilario- Logronio, the acting presiding judge of the Regional Trial Court Branch 12 in Olongapo City found on 12 May 2021 the accused Benito Andres y Rabago alias “Lolo Bito” guilty beyond reasonable doubt for crimes in violation of the Revised Penal Code in relation to Republic Act 7610.
He was found guilty of committing two counts of lascivious conduct against each of two sisters in December 2016 and was sentenced in the first case to 12 years and one day to a maximum of 15 years, six months and 20 days. In the second case, he was sentenced to suffer imprisonment of 10 years and one day to 17 years, four months and one day. He was acquitted on another charge of rape. He was ordered to pay civil indemnity, moral and exemplary damages to each of the victims in each of the cases.
The defense lawyer argued that the minor son of Benito Andres y Rabago was the one to abuse the sisters. Being a minor, he would not be imprisoned but go to rehabilitation. He also argued that the Preda Foundation who had care and custody and protection of the children had put them up to making a false accusation. After their testimony and recovery, the two sisters were reintegrated to their mother. During the trial the defense lawyer presented the child victim/survivors as witnesses withdrawing their testimony by an affidavit of recantation.
Judge Gemma Theresa B. Hilario-Logronio rejected that ploy and was convinced by the original testimony of the child victims saying in her decision that they testified clearly. In her decision, she said, “The minor complainants were firm, consistent and straight-forward in their testimony that it was not just the son of the accused that molested them but also their Lolo Bito. . .”
The Court also stated, “In fact, the probability that their mother influenced them in desisting from the instant case is higher than the PREDA influencing them to file the cases against the accused and to fabricate accusations to implicate him. While the mother has all the reasons to defend the accused, the Court cannot find any reason for PREDA to maliciously incriminate him.”
The Preda Foundation is jointly supported by the United States Agency for International Aid and Development (USAID), the United Nation’s Voluntary Trust Fund on Contemporary Forms of Slavery, the United Nation’s Voluntary Trust Fund for Victims of Trafficking in Persons and Misereor, eV. It protects and helps child victims of trafficking and sexual abuse to recover and start a new life after the abuse. The aftercare program helps them continue their studies and maintains counselling and help for them. In this case, justice has been done. The accused is still out on bail as he is expected to file his appeal of the decision. Preda helps the children in its care win an average of 15 convictions every year. Justice is an important aspect of the healing process.
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