CEBU, Philippines - The 16-year-old girl who was charged for estafa for allegedly failing to pay her hotel bills in Asturias town wants the court to arraign her the soonest possible time.
The girl made the request through a motion filed by lawyer Rene Abcede Jr.
She is also asking the court to act on the affidavit of desistance filed by the complainants.
“Wherefore, in view of all the foregoing, it is respectfully prayed of this Honorable Court to immediately arraign the minor accused and act upon the affidavit of desistance filed by complainants. Such other relief just and equitable under the premises is likewise prayed for,” the ex-parte motion reads.
The minor, a native of Sogod, Southern Leyte, was arrested on December 11, 2014 by the Asturias police for allegedly not paying her resort bill amounting to P15,000.
On December 15, the case was elevated to court after the minor chose not to file a counter-affidavit before the Prosecutor’s Office.
Abcede pointed out that the following day, the complainants filed an affidavit of desistance claiming that the minor has already settled her obligation with the resort and they were no longer interested in pursuing the case.
The minor subsequently posted but despite the court’s release order, the Department of Social Welfare and Development Home for Girls where the minor was made to stay did not release her.
“Instead of complying with the foregoing order, the DSWD immediately turned down the release order. On the following day, the DSWD through counsel filed a manifestation in a vain effort to justify its defiance and continued in detaining and restraining the minor accused at its center. It was despite the fact that the right to be released on bail is a constitutional right of the accused,” the motion reads.
Abcede said the letter of the girl’s father giving DSWD consent to continue keeping her has no legal basis.
“It is this counsel’s most humble submission that based on Section 20 of Republic Act 9344 or Juvenile Justice and Welfare Act and Section 6 of its amendatory law RA 10630, the DSWD can hold custody of the Children in Conflict with the Law (CICL), either voluntarily through parents or involuntarily committed pursuant to an order of a court, only in the following two situations: for a child below 15 years old and for a child above 15 years but below 18 years who acted without discernment,” he stated.
Meanwhile, Abcede said that contrary to the allegation of Vice Governor Agnes Magpale, he never asked that the minor be placed under his custody.
“She has no basis for that…the minor and I, are already friends even before the case started, as I am one of the private lawyers of the mayor of Sugod, Southern Leyte, to which the minor came from. So when she was detained at Asturias she called me up to be her counsel of choice,” Abcede’s text message reads. — (FREEMAN)