Raps filed vs minor over hotel bills

CEBU, Philippines - The Asturias police have filed a complaint for estafa against the girl who was accused earlier of not paying her bills at a resort in the town.

Inspector Philip John Libres, chief of the Asturias Police, told The FREEMAN that prosecutors have recommended a P40,000 bail against the 16-year-old girl. Formal charges will be elevated in court on Monday.

Attached to the complaint, Libres said, is the initial assessment of the Provincial Social Welfare and Development Office, which found “discernment” on the girl’s action.

The girl will be under the custody of the Department of Social Welfare and Development.

Judilyn Cantabaco, a member of the resort staff, said a man had gone to the resort yesterday and paid P15,000 for the girl’s bills but despite the payment, the resort owner is reportedly decided on pursuing the case.

Vice Governor Agnes Magpale said the province has coordinated with Sogod town in Southern Leyte where the girl reportedly comes from, to get her personal background.

“We are constrained to extend full assistance in as much as we don’t have jurisdiction over constituents of local government units outside the jurisdiction of Cebu Province. Thus, we are requesting your office to take over and assume custody of the minor at the soonest time possible,” the province’s letter reads.

AGE MATTERS

Board Member Daisy Gamale of Southern Leyte, a cousin of the girl’s stepfather, has confirmed that the girl is 16 years old.

Gamale said the girl was born on July 31, 1998 in Sogod, Southern Leyte, her mother’s hometown. Her cousin reportedly was able to present a photocopy of the girl’s birth certificate to DSWD last August.

She also clarified that she did not adopt the girl and they are not related by blood.

Gamale’s cousin married the girl’s mother who reportedly left Leyte and ran away with a foreigner when the girl was still five years old.

The girl’s biological father who is from Cebu City is nowhere to be found. Gamale also does not have his name and contact information.

Gamale said she saw the girl grow up in the province as her house was located two blocks away from the house where the girl was staying.

Gamale said she has talked with her cousin who asked not to be named and they decided to just let the girl on her own and to let her face the consequences of her actions.

“Di na siya dawaton. Enough na. Over na ni ang nahitabo,” Gamale said.

She said that after they rescued the girl last August when she was accused for shoplifting at a boutique in Mandaue City, they still gave her a chance and even accepted her despite her wrongdoing.

However, things reportedly worsened and the girl reportedly left their house in November without their permission. Gamale said the girl never contacted them since she left.

“We do not keep on rescuing her. Siya mismo di na siya,” she said.

She said they only learned that the girl was implicated in estafa cases again after she was arrested in Asturias, Cebu following a complaint of a salon owner in Cebu City.

She said the girl could have lied about her age to avail of the services she wanted to have.

Gamale cited the fact that she came from a broken family may be a factor in the girl’s behavior, but it should also be noted that her stepfamily had treated her well. In fact, the girl’s younger sister is reportedly well-behaved.

“Most of the attention was given to her. She was a typical teenager. It’s sad but in-ana gyud siya,” Gamale said, adding, it might be better if the girl will contact her real parents because she knows who they are.

“I hope she will contact them,” Gamale said, adding, that she hopes the girl would finally learn from her mistakes.

“Though malooy ka but mas malooy ka kun di siya magkat-on,” she said.

Lawyer Dante Jadman of the Commission on Human Rights-7 said that if the girl is proven to be between 15 to 18 years old, she will still face criminal liability especially if proven that the acted with discernment when she committed the alleged wrongdoings.

Jadman said the Department of Social Welfare and Development is the proper authority to investigate if there is an act of discernment and if proven that there is, recommend for the girl to undergo community service similar to those children of her age who are in conflict of the law.

If no act of discernment will be found, the case against the girl will be dismissed.

“This is a special case. Di siya isagol sa mga inmates but adto siya sa mga minors,” he said.

Whether or not there is criminal liability established, Jadman said the girl would still have to pay for what she owed the salon and the resort as civil liabilities.

MEDICAL PROOF

Jadman said that if the girl will claim she is suffering from a medical condition, she would need to present medical proof such as a certificate from a doctor.

Senior Inspector Arieza Otida, chief of the Women and Children’s Protection Desk of the Cebu City Police Office, said medical intervention is necessary to ascertain if the girl is suffering from a medical condition or a social disorder.

“We need somebody who is expert on this. Mao na ang pinakamaayo na matabang nato sa iyaha as of the moment,” she said.

She added that the girl may be advised to undergo psychological evaluation and debriefing.

She said it is unusual for a girl to commit illegal activities and claim that she is not a minor only to take the claim back eventually.

“As we noticed, there is inconsistency sa iyang storya. We need to go deeper,” she said.

Otida further noted that the girl’s personal upbringing or her past experiences may have influenced her present actions.

“We are seeking the help of the parents na ato siya tabangan. Mas maayo unta ang mga ginikanan mismo ang mopursigi og paghangyo sa ilang anak ug matambagan to have her undergo psychological evaluation,” she said.

MEDIA LIABILITY

Meanwhile, Jadman said media organizations that published the girl’s photos and name without her consent may face charges for violating the Anti-Voyeurism Law.

The girl can also file a libel case against media organizations if she finds their reports to be libelous.

“But in the first place, if minor gyud siya, di gyud ipakita iyang nawong,” he said.

Jadman said that as a form of defense, the media organizations may also just have believed or relied on the girl’s claim that she is of legal age.

He said a birth certificate is the best proof of the girl’s age.

“Be careful gyud kay puwede man masampahan og kaso ang media but di angay mabalaka if honest imong reporting,” he said.