DOJ guard asks Cebu prosecutors to inhibit

CEBU, Philippines - The police marshal of the Witness Protection Security and Benefit Program of the Department of Justice (DOJ) who is accused of raping a girl under his care asked all the prosecutors in Cebu to voluntarily inhibit from handling the complaint filed by the 21-year-old gang rape victim.

In his motion, Romelo Pabroa through lawyer Noel Archival asked the prosecutors yesterday to inhibit themselves from conducting the preliminary investigation.

“It is most respectfully prayed of this Honorable Office that the entire prosecutors in the province and cities of Cebu will voluntarily inhibit in conducting a preliminary investigation of this case and accordingly transmit the entire records of this case to the Secretary of Justice, Manila for her guidance and action,” the motion for voluntary inhibition read.

Earlier, a 21-year-old woman lodged a complaint before the Cebu City Prosecutor’s Office for rape against Pabroa, earlier identified only with the code name Billy.

Pabroa, 42, is a resident of Carcar City and allegedly sexually abused the woman who was under the Witness Protection Program (WPP) of the DOJ.

The complainant was placed under the witness protection program last December 6, 2012 after she was gang raped and received several threats. The case is still pending before the court in Lapu-Lapu City.

In her judicial-affidavit, the victim alleged that she was raped by Pabroa for a month while she stayed at the safe house. She narrated that the first incident happened on January 19, 2013 at 2:00 a.m. in the sala.  At that time, she said she heard Pabroa watching lewd movies on his cellphone.

The complainant said she wasn’t able to shout for help because he had a gun. The alleged rape, according to the complainant, not only happened once but was repeated many times. It was on July 25, 2013 when the victim left the program and reported the incident to the authorities.

Last Monday, the complaint was raffled to state prosecutor Ruso Zaragosa. But a day after the complaint was raffled to Zaragosa, respondent through counsel asked for their inhibition.

Archival said this is so prosecutors in Cebu  will be relieved of the burden “of proving that they are impartial and fair” in conducting preliminary investigation.

“It should be pointed out that the respondent was formerly assigned at the WPP as an escort of the DOJ and in the course of his employment, he had dealt with different prosecutors whenever the witnesses were brought before the court,” the motion read.

Moreover, Archival said the complaint filed against his client was “merely fabricated, an afterthought and a result of an unstable mind of the complainant.” He added upon reading the complaint, he found out that it has no basis.

“Respondent will present his overwhelming evidence to prove his innocence and further prove that the evidence of the complainant is not believable and credible as it is contrary to human experience, thus, there is no probable cause to file this case against the respondent,” the motion read.

Archival added the dates mentioned by the complainant in her complaint with regards to the alleged rape were when Billy was not in the safe house. To prove their claim, he said they will be filing counter-affidavit along with their documentary evidence.  (FREEMAN)