Lawyer question’s DSWD’s failure to release records of rape victim
MANILA, Philippines—A lawyer of a girl allegedly raped by a congressional candidate in Caloocan City questioned the Department of Social Welfare and Development’s (DSWD) for not releasing the victim’s records needed in pursuing the case.
“Denying this is not only ridiculous but outright illegal,” Trixie Angeles-Cruz, counsel for the victim, said in a statement sent to reporters Saturday .
The victim was under the protective custody of the DSWD from April 2008 to November 2011 after the case against Caloocan City congressional candidate Dale “Along” Malapitan, son of Caloocan City 1st District Representative Oscar Malapitan, was filed by the Caloocan City Prosecutor’s Office with the Caloocan City Regional Trial Court Branch 131. The DSWD provided legal services and counseling to the victim who was a minor.
“Sometime last week, my staff and I went to DSWD to inquire about obtaining the records, particularly the judicial records of the victim who by then had become our client. We were informed that we needed to give a letter of request,” she said.
Village watchmen Joselito Lim, Roderick Antonio and Danilo Bautista, and barangay councilman Pedro Tolentino, “Larry,” “Michael” and several John Does, immediately made the letter requesting the records and handed it to DSWD-NCR the next day.
But the request was denied. Several follow ups were made but the DSWD still refused to grant the request.
The DSWD staff told them that the records are private.
“The DSWD said that records cannot be released even to her,” the lawyer related. An April 19 response by the DSWD signed by Director Alicia Bonoan said that while the receipt of the request was acknowledged, “the purpose of the request for the said document was not indicated.”
“Privacy means that every person’s personal matters cannot be divulged to the public, unless the public interest warrants it. It does not apply against the person whose privacy is sought to be protected,” Angeles-Cruz explained.
“In this case, the victim was a minor at the time of her custody by the DSWD while her rape case was being heard, so it is understandable that her privacy be protected. However, since then, she had come of age and in full possession of her rights asked for her own records.”
Angeles-Cruz said she is wondering why the DSWD-NCR kept on denying them access of the victim’s records even if she already reached the “age of maturity”. The rape incident happened when the victim 16 years old. She is now 21.
The lawyer said she would not speculate if the DSWD was trying to protect someone but expressed concern on why the DSWD was ignoring even the victim herself.
“Why does the DSWD want to prevent the victim from accessing her records, which incidentally include her court records? As she was a minor at the time her case against then Barangay Captain, now Congressional candidate Dale Gonzalo Malapitan for rape was being litigated, she knew very little of what was going on and had no say in the decisions made about her. Her records will reveal the full extent of the whys and wherefores of the dismissal of her case, as well as her own admission and custody in the DSWD,” Angeles-Cruz stressed.
“But it seems, this victim is being victimized again,” she lamented.
She said she would send a letter to DSWD Secretary Dinky Soliman to question the policy.
