Alleged rapists guilty of lesser offenses
posted 16-May-2019  ·  
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The Regional Trial Court has found three men separately accused of rape guilty of lesser offenses after determining a plea bargaining agreement forged by the parties was not contrary to laws, morals, good customs, public order and public policy.

RTC Branch 42 Presiding Judge Genie G. Gapas-Agbada approved the deal involving a man accused of raping his own daughter for 10 straight days inside their home in Bagamanoc town in 2015.

Amaro Santelices pleaded guilty to sexual assault in Criminal Case No. 5625 and then to acts of lasciviousness for the nine other cases.

For the first case, he was sentenced to a jail term of six years as minimum to eight years and one day as maximum and to pay the young victim P10,000 in moral damages.

For each of the other nine cases, he got a jail term of six months to four years and two months and to pay the victim P10,000.

According to the 15-year old complainant, she was about to sleep in their house in Sagrada on June 5, 2015 when her father told her: “Bhe, aban-aban ka na magkaturog ta ikan ako gigibuhon saimo.”

While she was lying in bed, Amaro laid beside her and she felt him kissing her on the face. She said she was so afraid but could not say anything because she saw his bolo placed just near their heads. He forcibly removed her shorts and panty, and then placed himself on top of her before removing his own shorts and brief.

She said she was in great pain during and after the rape but she kept it to herself because she was told her life will be in great danger if she will tell her aunt. From then on, she was abused by her own father every night at various times, with the last incident at 4 A.M. of June 14.

Finally unable to bear the repeated sexual abuse, she left the house that morning and told Amaro’s sister. Learning that her father was away, she went back to their house, changed clothes and left, taking with her the “double-blade” weapon that Amaro used to poke at her. Her uncle accompanied her to the barangay chairman, who went with them to the police.

Prosecutor Francisco Samonte Jr. found probable cause against Santelices for the crime of 10 counts of rape, with the qualifying circumstance that the offended party is under 18 years of age and the offender is a parent of the victim.

On the other hand, Arcel Tubiera, who was arrested in Sipi, Bato in December 2017, pleaded guilty to sexual assault in Criminal Case No. 6469 and was sentenced to six to eight years in prison and to pay the victim P50,000 as moral damages.

In Criminal Case No. 6470, he pleaded guilty to acts of lasciviousness, for which he was again sent to prison for six months as minimum to four years and two months as maximum.

Ruel Tabuzo of Baras town, who was charged with rape in Criminal Case No. 8353, pleaded guilty to sexual assault and was given a prison term of six years to eight years and one day. He was ordered to pay the complainant the sum of P50,000 as moral damages.


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