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Social welfare exec mulls legal action vs prosecutor in Malaybalay rape case |
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by Walter I. Balane/MindaNews
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Wednesday, 10 March 2010 05:57 |
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MALAYBALAY CITY (MindaNews/09 March) – An official at the City Social Welfare and Development Office here said she is contemplating asking any appropriate state agency to take possible legal action against the city prosecutor who dismissed a rape complaint after the victim’s father filed an affidavit of desistance.
Virginia Flores, city social welfare officer, said the case did not end with the father’s withdrawal of his complaint against the suspects of the rape of his 15–year-old girl who is suffering from mental illness.
“Rape is not just a crime against chastity. It is a crime against the state so anyone can file a complaint now even if the family is no longer interest to pursue it,” she explained.
City Prosecutor Carlo Mejia dismissed the complaint following the filing of the affidavit of desistance on March 3.
Flores said the Barangay Council for the Protection of Children in the village where the family resides may initiate the legal action.
She said they might also file a complaint against the father but that they needed to consult a lawyer.
Unlike the DSWD local social welfare offices lack legal consultants, she added.
Lawyer Apollo Maguale clarified that rape is a crime against person and anyone may file a complaint. He said any party can challenge the prosecutor’s decision to dismiss the case through a motion for reconsideration.
Police arrested three suspects who allegedly raped the minor in a tent at the Kaamulan Grounds late evening of February 27. But two of them were freed four days later when the victim’s father withdrew his complaint before the City Prosecutor’s Office.
In his affidavit of desistance, the father said, “I and the accused have already settled our differences.”
Responding to a tip by a bystander, police officers Michael Vinzon and Kevin Belvestre arrested suspects Marciano Oclarit, 22; Rocky dela Peńa, 23; and Ernut John D. Javier, 18 around 10:45p.m.
The three, who pitched tent across the Sangguniang Panlalawigan building at the Kaamulan Grounds, were from Busco, Quezon, Bukidnon.
According to the police officers' affidavit of arrest, Oclarit was caught inthe act of sexual intercourse with the 15-year-old girl.
The two others were reported to have acted as “lookouts”. Police reported they overheard the two allegedly enticing Oclarit to go on as they would be next.
PO3 Dorothy Leono, Malaybalay City women and children desk officer said the victim has been going in and out of the Social Welfare and Development Office.
But Flores clarified the girl had been subjected to treatment before but was not admitted to the CSWDO as they have no capacity to take care of patients with mental illness.
The prosecutor’s order freed Oclarit and Javier but not Dela Pena as police found a 12- inch blade in his possession. (Walter I. Balane/MindaNews) |
