Over alleged abduction, rape of salesgirl: Court clears former cop, 3 others

CEBU, Philippines – A former policeman and three others, who were accused of a crime of forcible abduction with rape by a 19-year-old salesgirl six years ago, were acquitted by the court because of the prosecution’s failure to present sufficient evidence and the question over the validity of their arrests.

Regional Trial Court Branch 18 Judge Gilbert Moises absolved former policeman Rodrigo Jacalan, Eric Publico, Christopher Ramos and Marnelli Darjuan of the crime they were charged.

Moises ruled that the victim “lacked the credibility and the spontaneity” for the court to give credence to her testimony alleging that she was forcibly abducted and raped by the four accused on December 6, 2003.

The victim (name withheld) said she had just come from her work as salesgirl of a mall in Banilad when she accidentally met Darjuan, her friend. The victim said she confronted Darjuan about her cellular phone which she previously requested the latter to sell. However, Darjuan allegedly told her that she already exchanged it for shabu.

The victim said she did not anymore force the issue and opted to leave but when she was about to cross the other side of the street to board a jeepney, a white car blocked her.

Ramos allegedly pointed a knife at her and forced her to board the car where the other accused are waiting. The victim said her mouth was covered with a handkerchief and was blindfolded until she was brought to a house in Lorega where the accused took turns in raping her.

The medical examination on the victim conducted at the Vicente Sotto Memorial Medical Center suggested that she was indeed sexually abused.

The four accused however denied the charges claiming they were just surprised when the police picked them up and brought them to Parian Police Station. 

Although the court acknowledged that alibi is the weakest defense, Moises said it is also a “doctrine well-settled that in the face of unreliable identification of an accused to be the perpetrator of the crime, alibi gains considerable strength.”

The judge said the testimony of the victim “went beyond the ordinary experience of mankind” that made it unbelievable.

Moises said that the place where the supposed abduction happened is a public place and it is impossible that nobody will notice the commotion.

The victim claimed that except for Darjuan she did not know the rest of the accused and it was the first time that she had seen them. Despite that, the victim said she was able to remember their names and voices, which according to Moises, is “improbable.” — Fred P. Languido/WAB (THE FREEMAN)