"Dead" man faces rape case

CEBU, Philippines - The absence of a death certificate led Prosecutor I Ricky Jones Macabaya to elevate to the Regional Trial Court the rape complaint that a 17-year-old housemaid had filed against her employer.

Macabaya recommended no bail against Mohammad Omar Abji, alias “Mark,” who had reportedly died already.

In his resolution, Macabaya stated that he sent a subpoena to the accused through their process server, Anjun Cugay.

Cugay, upon going to the house of the accused located at Salazar Housing, Laray, Inayawan, Pardo, was informed that Mark was already dead.

“However, considering that no death certificate was shown to prove the death of the accused, the undersigned still has to resolve this case based on the evidence presented by the complainant,” Macabaya said.

The victim revealed that on November 9, 2008 she worked as housemaid of the accused. She added that her clothes were placed inside the room of her employers.

On November 14 at around 3:00 p.m. the victim was alone at the house. She went inside the room of the couple’s room to change his clothes.

While she was inside the room, she was surprised when she felt that someone touched her shoulder and was shocked to see her male employer.

The victim claimed she was about to go out of the room but the accused grabbed her and dumped her on bed. She wanted to shout but her employer grabbed an iron pipe from the cabinet and threatened to kill her and her family.

The victim added she was raped by the accused every time they were alone in the house from November 14, 2008 until December 17, 2009 except Saturdays, Sundays and Holidays when the children of her employers have classes.

She was not able to tell somebody, she said, because she was threatened.

The victim also claimed that on February 9, 2009 her employer forced her to sign a document stating that she agreed or consented with the sexual contact. She said her employer threatened she will be put to jail if she will not stand by what is stated in the document.

It was the victim’s sister that triggered her to confess about her ordeal when the sister noticed something different about her. (FREEMAN)