Fiscal charges teacher for sex with students

CEBU, Philippines - Finding probable cause, the Cebu City Prosecutor’s Office has indicted a university teacher of four counts of child abuse for allegedly molesting his students, who were minors.

Prosecutor II Rhodna Alcala-Bacatan recommended an P800,000 bail for Cornelio Ediza, Jr., who said that his sexual relation with his students was “consensual.”

Bacatan, though, said that the Supreme Court has already ruled that “a child is presumed by law to be incapable of giving rational consent to any lascivious act or sexual intercourse, making consent immaterial in cases involving child abuse.”

According to court records, the complainants were scholars of a non-profit organization organized “for the purpose of bridging the literacy gap by giving underprivileged youth access to education and job opportunities.”

They were enrolled at a university in Cebu City for a three-year computer training.

The FREEMAN is withholding the names of the complainants in compliance with the confidentiality rule of Republic Act (RA) 7610 (Special Protection of Children against Abuse, Exploitation and Discrimination Act).

In their complaint, the students said their “sexual encounters” with Ediza caused them anxiety, fear and shame.

A psychological assessment report showed that the students suffered post-traumatic stress disorder, adjustment disorder, and anxiety.

In his counter-affidavit, Ediza admitted the “sexual acts he committed against the minor-complainants.”  He clarified, though, that what happened was consensual, claiming that the minors voluntarily came to his boarding house.

He also denied he “solicited sexual favors” from the students in exchange for him giving them passing grades.

“The fact that complainants never mentioned any coercion or influence preceding, during and following the acts complained of respondent then concluded that absence of these allegations takes the complaints outside the purview of Section 5(b) of Republic Act 7610…(as) failure to allege coercion, intimidation or influence negates the charge of sexual abuse,” Ediza said in his counter-affidavit.

Section 5 (child prostitution and other sexual abuse) of RA7610 states that children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

Bacatan found the allegations against Ediza to be “credible.”

“The uncorroborated denial of respondent to the accusations…cannot be given credence. Nothing is more established in criminal jurisprudence than that denial is the weakest defense and its presentation in court is necessary,” the prosecutor said in her decision.

Bacatan said that “respondent’s modus operandi of touching the private parts of his students as part of his greeting and asking inappropriate inquiry about their bodies and using language with unmistakable sexual overtones smack with deafening clarity the unspoken request for a sexual favor.” (FREEMAN)