The law may be harsh but it’s the law

“Aubrey,” a rape victim, is comforted by her husband after she ended up in jail for slapping her alleged rapist, Senior Insp. Rex Pascua of the Quezon City Police District, during a confrontation. JIM GUIAO PUNZALAN

The law may be harsh but it’s the law, according to a legal maxim that’s a favorite quote of lawyers.

I wanted to quote this maxim to “Aubrey,” a rape victim who was jailed after she slapped her alleged assailant, a police officer, when she asked me why the law was harsh.

But I am not a lawyer and I didn’t want to sound like someone knowledgeable about the law; so I just kept quiet.

“Kuya Mon, why was I jailed for a minor offense when my rapist is out free?” Aubrey tearfully asked me when she got out of jail Wednesday.

I posted bail for Aubrey’s temporary liberty after she was charged with slight physical injuries, slander by deed and malicious mischief.

The charges were filed by Senior Insp. Rex Pascua of the Quezon City Police District whom Aubrey accused of raping her.

Pascua himself arrested Aubrey.

The slapping incident took place at the office of the National Police Commission (Napolcom) in Makati City during a confrontation between Aubrey and Pascua.

Aubrey could not help but give vent to her emotions when she heard Pascua deny the rape allegations and tell investigators that she was flirting with him.

At 23, Aubrey looks like a teenager, but she is actually a  happily married housewife  with a three-year-old son.

She narrated her ordeal on my public service program “Isumbong Mo Kay Tulfo” at radio dwIZ.

The confrontation at the Napolcom on Monday was the first in a series of face-to-face meetings between accuser and respondent in criminal and administrative cases that “Isumbong” helped Aubrey file against Pascua.

In my opinion, Pascua wanted to use the charges he filed against Aubrey as leverage in the rape cases the woman filed against him in the cities of Marikina and San Juan and Quezon City.

He probably thought that Aubrey, who works as an accounting clerk in a grocery store chain with her husband, a stock clerk, would not be able to afford the P9,000 bail bond and the services of a lawyer.

He was wrong.

I posted her bail with some friends who did not want their names mentioned.

Some lawyer-friends have also volunteered to act as her legal counsel for free.

* * *

I’d like to thank Director General Nick Bartolome, chief of the Philippine National Police, whom I called on Aubrey’s behalf.

I asked Bartolome to tell police investigators to have mercy on Aubrey and not file a case for assaulting a police officer, which would have aggravated her case and considerably increased her bail bond.

I told Bartolome to consider the fact that there are rape cases pending against Pascua, and that Aubrey couldn’t contain her anger against Pascua and his false accusations.

Apparently because of the PNP chief’s instructions to the Makati police investigation unit, the assault case was not included.

I also want to thank my unnamed friends for helping me post Aubrey’s bail.

Thanks also to the Sebastinian Office of Legal Aid of San Sebastian College for sending Ruth Balita to stand as counsel for Aubrey at the Makati Prosecutor’s Office.

* * *

By the way, I wonder how Pascua is related to that woman who accompanied him to the Napolcom during the confrontation and who was with him at the Makati police station?

The woman, who introduced herself as Senior Inspector Roda Agcaoili of the PNP Crime Laboratory, was with a toddler.

Pascua is married but is reportedly living with another woman.

Agcaoili stood as witness for Pascua in the slapping incident.