Judge: Panamanian freed on technicality
A Makati judge on Wednesday defended his decision to dismiss the rape charges filed against a Panamanian national holding a diplomatic passport despite an appeal filed by the alleged victim and an impending Senate investigation.
Speaking in open court, Makati Regional Trial Court Branch 57 Presiding Judge Honorio Guanlao Jr. had several testy exchanges with the lawyer of the alleged rape victim as he explained that he had dismissed the information filed against Erick Bairnals Shcks, a technical officer of the Panama Maritime Authority, because of a procedural infirmity.
“When I looked into the information filed, it was only the assistant city prosecutor who signed it, contrary to the rules of court which says the city prosecutor should sign the information,” Guanlao said.
Aside from dismissing the case against Shcks, Guanlao had also ordered his release after the Department of Foreign Affairs (DFA) certified that the Panamanian had diplomatic immunity.
However, the 19-year-old alleged rape victim, represented by her lawyer Danielito Jimenez, filed a motion for reconsideration, saying that the case should not have been summarily dismissed. The court should have heard their arguments first on why Shcks’ diplomatic immunity was not applicable in this particular case, Jimenez said.
He added that Guanlao did not say anything about a technicality in his order, noting that it was a common practice in Makati to have assistant prosecutors and investigating prosecutors sign documents filed in court in the absence of the city prosecutor.
Guanlao, however, insisted that the documents must be signed by city prosecutors themselves as he ordered Jimenez to read the Rules of Court to verify his statement. In the meantime, he heard a number of other cases scheduled on Wednesday.
When the judge got back to the Shcks case, Jimenez insisted that the rules do not prohibit assistant prosecutors from signing complaints and that, being a court of record, the judge should have mentioned this in his earlier order.
“The resolution was not even signed by the city prosecutor. It is in the rules,” Guanlao insisted, slightly raising his voice.
“Does this mean you will deny our motion [for reconsideration]?” Jimenez asked the judge who promptly denied this.
“I have given the defendant [Shcks] five days to comment on it and you will also have the time to comment on their reply so let’s wait for it,” Guanlao answered in a loud voice.
Neither the 19-year-old victim nor Shcks were present during the hearing.
Sought for comment after the hearing, Jimenez rued the judge’s stand on the issue.
“I was surprised when the judge insisted on the invalidity of the petition. The court had some declarations which … well, you be the judge,” he told reporters outside the courtroom.
He also insisted that the court should hear their arguments on why the case should still be tried despite the certification issued by the DFA about Shcks being covered by diplomatic immunity.
“The issue of immunity should be debated in court and the case should not [have been] summarily dismissed. The solicitor general should be asked to come up with an opinion on this,” Jimenez said.
