70-yr-old convicted for rape of minor

CEBU, Philippines - The Regional Trial Court convicted yesterday an elderly for the crime of rape by sexual assault. He was accused of inserting his finger to the private part of a minor victim, who is the granddaughter of his former live-in partner.

Judge Manuel Patalinghug, in his 19-page penned decision, found accused, a certain Jun, around 70 years old, guilty of the crime charged.

"Wherefore, in view of all of the foregoing disquisitions, the court hereby finds the accused guilty for the crime of rape by sexual assault," the decision read.

Patalinghug meted accused to suffer the penalty of imprisonment of 12 to 20 years and to pay P90,000 total damages, representing the civil indemnity, moral damages and exemplary damages, to the minor victim.

Based on the facts of the case, the minor complainant together with her mother lived at the house of her maternal grandmother, the common law spouse of the accused, at Barangay Basak, San Nicolas, Cebu City.

The victim reportedly grew up under the care and supervision of her grandmother and the accused. Her mother was often out for work, and on February 2007, she left for abroad.

The victim's mother said that before she left for abroad, she noticed that her daughter displayed "some unusual sexual behaviors, such as, placing her hands in her underwear and touching her vagina with her fingers."

The mother said she entrusted her daughter to her elder sister after she was having suspicions of her daughter being sexually abused while being left at the care of her grandmother and the accused.

The victim's aunt said that on January 28, 2008, she caught the victim masturbating. The following day, she asked the victim who touched her vagina. The minor answered that it was her Lolo Jun, the accused.

After the confrontation, the victim was brought to the Women and Children's Desk at the Camp Sotero Cabahug, Gorordo Ave., Cebu City, to report the incident. She also submitted her niece for medical and psychological examination at the Vicente Sotto Memorial Medical Center. Results of both examinations were positive, further indicating that the minor was "possibly sexually abused."

Meanwhile, in an open court, the victim demonstrated what the accused did to her and positively identified the accused during interrogation. Accused denied the accusations filed against him.

With the foregoing facts, Patalinghug ruled in favor of the prosecution.

"Verily, the argument espoused by the defense that the instant criminal suit was maliciously instituted in order to sever the common-law relationship between the herein accused and the minor child's maternal grandmother, does not hold water," he ruled, adding it was not the maternal grandmother of the victim who assisted the latter but her maternal aunt in the filing of the complaint.

The accused on record admitted that he and the grandmother of the victim were already separated even before the herein case was filed.

Apart from that, Patalinghug also said that the minor allowed herself to be further exposed with the "embarrassment, shame and humiliation of a public trial because of her authentic desire to obtain justice and avenged the wrong done at her very tender age against her honor and chastity as consummated by the herein accused."

Lawyer Rameses Villagonzalo, who represents the prosecution, said they were happy of the conviction of the accused. He added that they will be filing necessary motion for the cancellation of the bail bond of the accused while the case is pending appeal.

Accused, through his lawyer, manifested before the court that they will appeal the case. They chose not to be interviewed after the proceeding. —/BAL (FREEMAN)