DAVAO CITY - The case against a lesbian who allegedly kidnapped the 1999 Mutya ng Dabaw is headed for dismissal.
This, after Lilibeth Magtibay, mother of 19-year-old local beauty queen Joan Magtibay, executed an affidavit of desistance last Tuesday.
"I am no longer interested (in pursuing) the case," Mrs. Magtibay stated in her affidavit dated March 31, which the lawyer of accused Zorayda Jumaani, 34, furnished the city prosecutor's office.
The affidavit was sworn to before assistant city prosecutor Emilio Dayanghirang. But the city prosecutor's office has asked prosecutor Lolito Evangelio, who is handling the case, to verify if the affidavit of desistance is authentic. Evangelio earlier opposed Dumaani's request for a new investigation.
Jumaani turned up last Monday, and her lawyer immediately asked Regional Trial Court Branch 17 Judge Renato Fuentes to reconsider its decision rejecting a new probe of the kidnapping charges. The judge is hearing Jumaani's motion on Tuesday.
The judge granted Jumaani's request to be temporarily detained at the Regional Anti-Narcotics Command.
The city prosecutor's office, acting on Mrs. Magtibay's complaint, indicted Jumaani for allegedly kidnapping Joan last Dec. 28. The former Mutya ng Dabaw returned home mid-February.
But Jumaani claimed Joan voluntarily went with her to General Santos City and Manila.
Jumaani's lawyer said they are ready to present video footages and letters to prove that Jumaani and Joan were engaged in a lesbian relationship.