DOJ drops rape case vs John O

Former senator John Osmeña was cleared yesterday by the Department of Justice (DOJ) of rape charges filed against him by a confessed male prostitute at the height of the campaign for the May 10 elections.

In a four-page resolution, Senior State Prosecutor Emilie Fe de los Santos said she found no probable cause to indict Osmeña.

"A thorough and careful examination of the pleadings, documents, and other evidence submitted by the parties readily reveals that there is no probable cause to indict respondent with the offense charged," read the resolution.

De los Santos said she gave credence to Osmeña’s claim that he was attending a Senate session when the alleged rape of complainant Diego Gomez was supposed to have taken place in Tagaytay City on Feb. 5.

"Thus from 4 p.m. to 6 p.m. of Feb. 5, 2004, respondent was attending the en banc (sic) session of the Senate," the resolution said.

"His presence at the session was clearly reflected in the Senate Journal of Feb. 5, 2004, specifically at the roll call portion," it said.

De los Santos said although Osmeña’s defense might appear to be an alibi, it was corroborated by documentary proof — the Senate Journal.

"Verily, the Senate Journal enjoys a high probative value," the resolution said.

"It is a public document, the contents of which can be attested to by the senators, their staff, the press, and the public. The veracity of the Senate records cannot be made suspect," it said.

De los Santos said a resolution issued by the city councils of Cebu and Toledo also established Osmeña’s presence on Feb. 5 at a restaurant on Roxas Boulevard in Manila, where Osmeña insisted he had dinner with congressmen and officials of the two cities.

"Credence can be accorded to the said resolution since it was issued by public officers," read the resolution.

The evidence Osmeña had submitted "cast a serious doubt" on the veracity of the claim of Gomez that Osmeña had raped him in Tagaytay City on Feb. 5, the resolution added.

De los Santos said the credibility of Gomez became questionable when he failed to appear during preliminary investigation despite the subpoenas sent to him, and that he was not able to explain his non-appearance.

"Such conduct on his part erodes the merits of his claims and lends credit to the allegations of respondent that he is a dubious and fictitious character," read the resolution.

At the height of Osmeña’s re-election campaign last March 31, Gomez accused Osmeña of rape before the Office of the City Prosecutor of Tagaytay City.

The case was later transferred to the Department of Justice in Manila.

In his complaint, Gomez said that on Feb. 5, one of his regular customers met him at a fastfood restaurant in Makati and informed him that a client was waiting for him outside Metro Manila.

Gomez said since this client had offered to double his fees, he agreed to "serve" him, although he had not met him before.

He was later brought blindfolded to a place, which he thought was in Tagaytay City, and taken to a room, where he was told to undress and "perform," he added.

Gomez said the client then gave him a shot of whiskey and led him to bed, after telling his companion to leave them alone.

After his companion had left, the client hugged him and started to caress his body, he added.

Gomez said when he felt sick and sat on the bed, the client

handcuffed him to the bed post, and that when he peeped through the blindfold, he saw that his client was Osmeña.

Through intimidation, Osmeña inserted a finger in his behind against his will, he added.