DAVAO CITY (MindaNews/21 February) — Two members of the Mangudadatu clan have been charged for allegedly raping “Victoria”, a nursing student, inside a dormitory here in July last year.
Prosecutor Lady Zozobrado charged Datu Naga Mitra Mangudadatu of Tamnag, Lutayan, Sultan Kudarat and his cousin identified only as alias Puti. But their four bodyguards, Erven P. Otadoy, Ryan March C. Tadio, alias Ramba and another unidentified person were excluded from the case for insufficient evidence.
Naga is said to be a son of former Sultan Kudarat governor and representative Pax Mangudadatu.
Based on Zozobrado’s resolution, the subpoena dated Oct. 18 was returned to her office after the accused could not be located anymore.
The case was filed at the Regional Trial Court yesterday and will be raffled on Thursday. Rape is a non-bailable offense.
In an affidavit she submitted on October 7 to the City Prosecutor’s Office, Victoria said she was drinking with two dormitory helpers evening of July 31 last year. After three hours, Ramba invited them for more drinks and sent one of the helpers to buy a bottle of beer.
After finishing the beer in 15 minutes, Naga asked them to drink with his group at his room for the canteen was too hot. The two accused lived in the same dormitory.
Victoria claimed that after drinking a few shots out of respect for the invitation, Naga ordered one of the helpers to get some glasses. She (Victoria) then told Naga she was leaving as she sensed something bad, but he ordered his bodyguards to leave the room and turn off the light.
“Naga ordered his four bodyguards to leave the room… then he turned off the light over my protest… then I saw one of his bodyguards outside from the glass wall, roll down the aluminum-steel blind, after which, Naga immediately and forcefully dragged me to his bed” and succeeded in raping her, “Victoria” recalled.
Naga ordered her not to tell anybody or the media about the incident.
“My said companions, seeing me trembling and crying, accompanied me to my room where I confided to them about the incidents,” Victoria said in her affidavit.
They went to the Sta. Ana Police station on August 2 at 7 p.m. However, SPO2 Ellen Templa , who was on duty at the Women’s and Children’s Protection Desk advised the victim to undergo medical examination to support the filing of charges in court.
“Pag anhi nila gusto man nila ipadakop, unya dili na man na pwede kay lapsed na sa prescribed period, mao tong nilakaw sila kay sila na lang daw sa ilang private lawyer ang mag-file sa kaso (When they arrived they wanted the suspects arrested immediately, but we couldn’t do it because the prescribed period has lapsed. That’s why they just left and told us that their private lawyer will file the case),” Templa said.
Heinous crimes like rape have a prescription period of 36 hours from their commission within which suspects may be arrested without warrant and charged in court through summary inquest.
“But if she’s not a minor, it is the physician who will recommend on the rehab program and other medical examinations because the doctor knows what the victim is going through. That’s why we always advise them to under medico-legal examination,” Templa said.
Dr. Alpha Fe Omega and Dr. Maria Theresa Rico-Gepaya concluded in their medical examination that the “genital findings (were) definitive of penetrating trauma.” (MindaNews)