Court drops rape case against househelp

The Regional Trial Court branch 24 cleared a man charged of raping a child after the mother who had filed the complainant failed to continue to appear in court during the prosecution of the case.

"For lack of sufficient evidence to convict accused beyond reasonable doubt of the crime charged, the case is hereby dismissed with the acquittal of the accused," said RTC 24 presiding judge Olegario Sarmiento, Jr. in his three-page decision.

The court acquitted Noel Cañete, who on August 12, 2000, was charged of raping a six-year-old girl.

Cañete was a househelp at the victim's household. The mother alleged that the accused molested her daughter as the latter told her Cañete inserted his finger inside her genitalia several times.

However, the prosecution did not present to the court the victim and the examining doctor who reportedly issued a medical certificate bearing hymenal findings of the victim to testify.

As the complainant could no longer be contacted for appearance, the court decided to dismiss the case in favor of the accused.

Meanwhile, the court is expected to order within this week the arrest of a farmer in Cebu City's hinterland barangay of Guba for sexually molesting early this year an eight-year-old daughter of his neighbor.

Jerwin Todorios, a resident of sitio Bangkal, barangay Guba, was identified by the victim as the one who sexually molested her at the back of a chicken coop in their place.

At first, the victim told the police that she did not know the suspect's name, but said she could recognize his face because he usually passes by her house.

The victim's mother, Jessica, narrated that on the early morning of February 27 when she came home from work, her daughter embraced her and cried hysterically and confided that she was raped. She then examined the private parts of her child and observed some bloodstains on it.

She then awakened immediately her husband. Both proceeded to the barangay hall to report the incident. Authorities accompanied them to the suspect's house where the latter was arrested.

Since rape is considered a heinous crime, the suspect will not be given a chance to put up a bail bond for his temporary liberty pending the trial of his case in court.