CEBU, Philippines - Citing lack of probable cause, an alleged leader of a religious cult in Balamban town and his personal driver asked the Cebu Provincial Prosecutor’s Office to dismiss the complaints filed against them.
Through lawyer Danilo Yap, Casiano Apduhan, alias “Tatay Boyâ€, and Victor Fajardo yesterday filed their respective counter-affidavits to negate the allegations filed against them by the National Bureau of Investigation-7.
Apduhan, in his counter-affidavit, strongly denied the complaint for serious illegal detention filed against him for allegedly detaining a woman for five years.
As proof, he said the woman “categorically declared†in an interview after her rescue on March 26, 2014 that she came to the house of Apduhan of her own free will.
Aside from that, he said the woman was with them during the celebration and thanksgiving of his daughter’s graduation in a hotel in Toledo City.
Apduhan likewise denied the complaint for illegal possession of firearms for allegedly possessing two .38 cal. revolvers. He claimed that he has no knowledge of the seized guns.
“More categorically, there was no search warrant issued or shown to have been issued for illegal possession of firearms; not being the subject of the searching writ, the efforts to locate it other than under the plain view doctrine renders the evidence inadmissible for purposes of the accusation,†the counter-affidavit read.
Fajardo also denied the charges for serious illegal detention filed against him.
Aside from that, he said he was not subject of the search warrant. Fajardo added that during the raid he was in the house of Apduhan in Sitio Laray III, Barangay Buanoy, Balamban, Cebu, because he was their personal driver.
In an interview, Yap questioned the complaints filed against his clients claiming the victim herself did not execute an affidavit to corroborate the statement of her complaining mother and sister.
He said when the woman left their house on the night of November 27, 2008, to an unknown destination there was “no trace of force, violation or abduction committed by person whomsoever†but the voluntary will of the victim.
Yap added they are mulling moving to quash search warrant.
Regional Trial Court Judge Hermes Montero of Branch 59 in Toledo City granted the application of the NBI-7 for a search warrant for the exhumation of the body of Angelo Repuela, who was buried deep inside a tunnel under Apduhan’s house and the possible rescue of the allegedly detained woman.
Aside from serious illegal detention and illegal possession of firearms, Apduhan was also charged for murder and child abuse for the death of Angelo and a violation of the expanded anti-trafficking in persons act for forced labor, based on the affidavits of Angelo’s parents, Eleuterio and Remegia. —/BRP (FREEMAN)