SC to man accused of rape: Brave trial, prove defenses

The Supreme Court has ordered that a resident of Bohol accused of sexually abusing a child few years ago should be brought to court to face trial of his case instead of employing dilatory tactics.

The SC’s third division presided by Justice Consuelo Ynares-Santiago has rejected the petition for certiorari filed by Lyndon Boiser because the justices strongly believe that such move is only a ploy of the accused to delay the resolution of the case that is now pending before the court.

Boiser has been charged with three separate criminal cases before the Regional Trial Court in Tagbilaran City for acts of lasciviousness, other acts of child abuse, and rape of a child.

As one way to delay the resolution of such cases, Boiser petitioned the court and had succeeded in having the first three judges inhibit, one after another, from handling said cases.

Boiser also filed an omnibus motion to quash the three information filed against him, but it was denied by the RTC for lack of merit.

When Boiser was arraigned in court, he refused to enter a plea for the three cases that prompted Judge Venancio Amila to put it on record that the accused had pleaded not guilty to the cases filed against him.

The SC ruling said Boiser’s insistent filing of numerous motions to inhibit the judge hearing the three criminal cases and of motions to quash is a ploy to delay the proceedings, a reprehensible tactic that impedes the orderly administration of justice.

“If he is truly innocent, Boiser should bravely go through trial and prove his defenses,” the justices said.

Boiser had claimed that there is no probable cause to hold him for court trial, but the SC ruled that “probable cause need not be based on clear and convincing evidence of guilt, neither on evidence establishing guilt beyond reasonable doubt, and definitely, not on evidence establishing absolute certainty of guilt.” — Rene U. Borromeo/MEEV