In its August 10 order, the Ombudsman affirmed its decision on April 27, 2004 finding Romeo Maglasang guilty of grave misconduct on the rape charges filed by the mother of the two victims. In her affidavit, the first victim, an 11-year-old girl, said Maglasang started raping her since she was in Grade 2.
Her eight-year-old sister also alleged to have suffered the same fate under the hands of Maglasang. The younger sister, in her affidavit dated January 22, 2004, said Maglasang gave her money after raping her.
The complaint was supported by medical certificates, which showed that the victims' genitals sustained laceration and that there was physical insertion into their private parts.
The Ombudsman found the complaint "sufficient in form and substance" and ordered the respondent to file his counter-affidavit. But the order was returned unserved.
"From the information gathered by this office, respondent had fled and could no longer be located in his last known address in Damolog, Sogod, Cebu, as he was also facing criminal cases for rape," the decision read.
With this, the Ombudsman was inclined to believe the testimonies of the sisters.
Maglasang then filed a motion for reconsideration on July 5, 2004 stating he was not able to submit his counter-affidavit because he was on leave from January 26 to March 31, 2004. He said he did not flee since the complainant had withdrawn the rape charges against him.
On September 17, 2004, Regional Trial Court Branch 25 Judge Sylva Paderang issued a warrant of arrest against Maglasang.
The Ombudsman found "no cogent reason to depart from its previous pronouncement," as it did not believe that the mother would subject her children to shame and humiliation to extort money from the respondent. - Liv G. Campo