CEBU, Philippines – Because the complainant was no longer interested to pursue the case, the Regional Trial Court dismissed the extortion case against former Consolacion police chief Senior Insp. Claro Benatiro.
Prosecutor Marlon Atillo presented before Municipal Circuit Trial Court (MCTC) Judge Jocelyn Uy-Po the affidavit of desistance executed by the complainant, Mi-lagros Quiapo, saying she has decided to no longer pursue the case against Benatiro because she reportedly has no more witnesses.
"I have no more witness who can testify on my favor and without such testimony I cannot establish the guilt of the accused beyond reasonable doubt," the affidavit reads.
Po explained she had no choice, but to dismiss the case after the prosecution also manifested to withdraw the complaint against Benatiro.
"After searching questions, the court is of the opinion that the affidavit of desistance was freely and voluntarily signed by the complainant," the judge said.
It was Office of the Ombudsman for the Military that indicted Benatiro and his errand boy named Edgardo Casul for estafa after Quiapo claimed that Benatiro, while still the police chief of Consolacion, demanded money from her in exchange for her son's liberty.
This allegedly happened on October 12, 2005 after Quiapo's son, Tomas, was arrested for a crime and was detained at the police station's cell.
Quiapo claimed it was Casul who approached her and allegedly, upon Benatiro's order, demanded P5,000 from her so that no case would be filed against her son.
But Quiapo said she later learned that her son had escaped from his cell even three days before the police officer demanded money from her. Earlier reports said that Quiapo was so dismayed because despite having reportedly given in to the demand, authorities were still hunting her son. (FREEMAN)