Rapist of minor gets 40 years

BACOLOD CITY, Philippines  – The rapist of a then 15-year-old girl from Escalante City, Negros Occidental, which happened six years ago, was recently sentenced by the court to a 40-year imprisonment.

Judge Danilo Amisola of the Regional Trial Court Branch 58 in San Carlos City, in his 19-page decision, convicted Josie Divinagracia and ordered the latter to pay the victim P100,000 in civil indemnity and moral damages. 

Divinagracia, who worked as handler of fighting cocks, was committed to the Bureau of Corrections’ New Bilibid Prison in Muntinlupa City.

A case information filed by San Carlos City Prosecutor Ranela De la Fuente showed that Divinagracia saw the victim with her friend watching the Junior-Senior Prom and search for Miss Gay at Japitan High School in Escalante City at dawn of February 12, 2005.

Divinagracia, who was drunken at the time, then grabbed the girl's hand and took her to a dark area where he molested her. Although the accused claimed to be in another place when the crime happened, the victim, in her testimony made on May 27, 2008, positively identified Divinagracia as the person who raped her.

The judge, in his decision noted the victim's testimony "was clear and straightforward, and she was consistent in her recollection of details."

The victim’s uncle, Rudy Mahinay, a co-worker of Divinagracia, testified that on Feb. 12, the accused arrived at their workplace and told him that he had sex with a teenager.

Mahinay said he learned later that it was his niece who was raped by Divinagracia, and when the victim and her friend described the suspect to him, and how the incident happened, he suspected that Divinagracia was the culprit. Divinagracia, however, insisted that he did not know the victim and her family, and neither did he see the victim on the night the rape took place.

The judge said that Divinagracia’s proximity to the scene of the crime two hours before the rape was committed refutes his defense of alibi. (FREEMAN)