Minor charged for "raping" 6-year-old niece

CEBU, Philippines - The Cebu Provincial Prosecutor’s Office charged a 16-year old boy for allegedly having sexual intercourse with his minor niece.

Prosecutor Petronio Elesterio elevated the rape case in relation to Republic Act 7610 or child abuse in court with the approval of Provincial Prosecutor Pepita Jane Petralba after finding probable cause.

“A preliminary investigation in the case was conducted that on the basis of the sworn statements and other evidence submitted before me there is a reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof,” he said.

Elesterio recommended no bail for the accused.

The six-year old girl assisted by her mother filed a complaint against her father’s half-brother for rape.

In her sworn statement she alleged that the accused sexually abused her many times. However, when she was asked where the incident happened she did not answer the question.

Based on the resolution, it was stated that the incident happened on August 23, 2011 inside the complainant’s house in Estaca, Tunghaan, Minglanilla, Cebu.

Upon learning that their child was raped, the parents immediately brought her to Vicente Sotto Memorial Medical Center for examination where the medico-legal certificate shows definite evidence of sexual contact.

Elesterio said he summon accused to file his counter-affidavit but failed.

“The unrebutted accusatory allegations of the complaining party and the medical certificate of the minor-complainant showing that she was sexually abused are more than enough to establish the fact that respondent is probably guilty of the offense charged,” resolution reads.  (FREEMAN)