CEBU, Philippines - Judge Estela Alma Sinco of Regional Trial Court (RTC) Branch 12 dismissed the rape case against four seamen who were accused of raping a 23-year-old woman inside M/V Calbayog of Palacio Shipping Lines.
Sinco dismissed the case after the victim filed an affidavit of desistance.
The victim, a resident of Greenhills, San Fernando, Cebu said she was neither raped nor sexually abuse by the four.
The accused are licensed Second Mate Timoteo Sampayan, 32, from San Isidro, Northern Samar; Apprentice Engineer Aldin Albarando, 22, of Barangay Langub, Argao, Cebu; Apprentice Electrician Layman Degañon, 24, from Liloy, Zamboanga del Norte and Apprentice Electrician Alvin Nalda, 27, from San Miguel, Leyte.
The victim said that in filing the complaint before the City Prosecutor’s Office, she was confused. Also, she said her boyfriend pushed her to file the case.
“It was my boyfriend who prodded me to file the case upon learning that I am with the accused,” victim said.
She said she executed the affidavit of desistance voluntarily and no one influenced her or gave her money to do it.
Assistant City Prosecutor Ernesto Narido stated in court that they are contented with the affidavit of desistance presented by the defense and manifested not to pursue the case.
“The state has no further evidence to prove the guilt of the accused,” Narido stated. He moved for the dismissal of the case.
Sinco ruled that the execution of an affidavit of desistance by the private complainant is “a strong indication pointing to the possibility that the charges were motivated by some factors other than the truth as to their commission.”
In her affidavit of complaint, the victim said that on April 7, 2011 at around 3 p.m. she boarded the M/V Calbayog of Palacio Shipping Lines at the pier of Calbayog City. She claimed that when she was at her assigned bunk number, the accused approached her and invited her to drink. She claimed they raped her when she got drunk. – (FREEMAN)