CEBU, Philippines - A 70-year-old man was indicted of child abuse for sexually molesting a minor in Talisay City.
The Talisay City Prosecutor’s Office downgraded the original complaint of rape in relation to Republic Act 7610 against Juanito Cruz for lack of evidence.
“The evidence submitted by the complainant failed to establish the crime charged in the complaint, which is rape. Evidence would show that not all the elements necessary to establish the crime of rape was present in the instant case,” reads a resolution approved by city prosecutor Marshall Rubia.
Cruz, resident of Dumlog, Talisay City, was accused of rape by an 11-year-old girl neighbor. The victim said that on June 26 at 11:45 a.m. she was called by the accused into his house because he has something to give her.
The victim, whose name withheld by The Freeman, said that the accused touched her private parts and raped her while she was inside the house.
“He told me to lie down to the floor but I walked out, then he gave me P50 and told me not to tell anybody then I ran because I was scared of him,” the victim said.
Cruz denied the allegation saying it was impossible for him to do it because there were other people inside the house. In fact, someday who was inside the house when the alleged raped happened executed an affidavit in his favor.
But the prosecutor’s office still found probable cause to indict Cruz, although not of rape, but of child abuse.
“After evaluation of the evidences…it was established that Section 5, Article III of RA 7610 has been violated and that herein respondent is probably guilty thereof,” the resolution reads.
The prosecutor’s office recommended P120,000 bail for Cruz’s temporary liberty.— (FREEMAN)