Judge junks rape complaint filed vs parish priest

NABUNTURAN, Compostela Valley—A regional trial court (RTC) on Wednesday threw out a rape complaint against a priest, which was filed anew by a provincial prosecutor on orders of the Department of Justice (DOJ).

Executive Judge Hilarion Clapis of the 11th RTC Branch 3 said he was ready to resign if he was proven wrong in ruling against a recent decision of the DOJ supporting the filing of the criminal case against Fr. Melvin dela Cuesta.

In deciding on the motion for judicial determination of probable cause that could lead to the issuance of an arrest warrant against Dela Cuesta, Clapis agreed with the 2006 ruling of then provincial prosecutors Alejandro Enriquez and Teodulfo Vega.

“Indeed, there was something wrong with the complaint … The element of guilt beyond reasonable doubt was not firmly established,” the judge said.

Justice Undersecretary Leah Tanodra Armamento had earlier ordered the provincial prosecutor’s office to refile the complaint, saying “no woman in her right mind would openly acknowledge the violation of her person and allow the examination of her private parts if she has not been raped.”

Luwill Al-ag, the complainant’s lawyer, assailed Clapis’ decision as “a malversation of the law” and “an obvious circumvention of the provisions of the law.”

“We have laid down all our cards. He dismissed the complaint even before he was able to take jurisdiction over the personality of the accused. He did not follow his mandate based on the Rules of Court,” Al-ag said.

The lawyer also questioned the judge’s failure to issue an arrest warrant 10 days after the filing of the information by Prosecutor Graciano Arafol Jr. on Aug. 15.

The priest’s counsel, Ruwel Peter Gonzaga, argued that the complainant failed to establish beyond reasonable doubt that a crime of rape was committed. He told the court that nowhere in the complainant’s affidavits was it shown that she really struggled against the sexual advances allegedly committed by Dela Cuesta.

“The normal behavior of a woman facing sexual advances against her will is to shout for help. But in this case, she did not show any, even when the alleged place of incident was just two meters from where other people were. If she really resisted, it would show by means of scratches or bruises,” Gonzaga said.

Al-ag said she would file an appeal before the Court of Appeals “so justice could be served.”