Tacloban court acquits journalist

TACLOBAN CITY , Philippines— For lack of evidence, the Regional Trial Court-Branch 7 here has decided to dismiss the child trafficking charge against Miriam Garcia Desacada, a print and broadcast journalist covering Eastern Visayas.

The dismissal order, dated last July 7, was issued by presiding Judge Crisologo Bitas, who said the case against Desacada was found to be only a trump-up one and without evidence on record.

Bitas also ordered for the immediate release of Desacada after three years of incarceration while she battled for her innocence of the non-bailable case of child trafficking, under Republic Act 7610, or the Special Protection of Children Against Crime Abuse, Exploitation and Discrimination Act.

The RTC decision also indicated that the accuser and witnesses recanted their statements, saying they were just forced to file the case against Desacada. “When a witness recants to finally speak the truth, it be accepted by the court,” said Bitas in his ruling.

On January 20, 2010, the case was filed against Desacada for “unlawfully buy and thereafter sell the newborn son of Sharee Mae Natan (the complainant) based on the recommendation of the city prosecutor.

A witness, Tomasa Daban, a health worker of Barangay San Jose in the city, testified that Natan gave birth to a baby boy and that Desacada was allegedly with the complainant before the delivery.

The prosecution further presented as evidences, police certification and a medical certificate attesting to the giving of birth by the complainant, but nowhere in the court records showed that Desacada actually took the infant boy with her and sold him, as alleged.

On December 5, 2011, Natan filed an affidavit of desistance, stating that there  was no buying and selling of her child by Desacada. In her affidavit, Natan said she filed the complaint against Desacada and testified against her due “to serious intimidation, threats and undue pressure from the police.”

The court stated that Natan, who worked in a videoke bar in Dulag town of Leyte, said she and another witness, Maricris Montaño, were taken by the provincial policemen and were made to sign affidavits indicting Desacada of child trafficking. The signed the documents on September 2011 but were confined in the Provincial Police Office the next day for unstated reason.

The court decision stated that the “policemen were retaliating against Desacada for meddling with the affairs of other people.” The two policemen, named only as Kuya Vitz and Kuya King, allegedly threatened the complainant and the witnesses to file the case otherwise they can be “planted” with shabu and be imprisoned instead.

Another witness, Daban, further testified in court that, on December 10, 2010, she was taken to the Leyte Police Provincial Office where the director at the time “made her sign, under threat and intimidation, an affidavit indicting Desacada for child trafficking.” She later recanted these statements saying she had no actual knowledge about it.

Desacada, after her release, told The Freeman that one of the policemen and his mistress had leased her lot in San Jose where they could put up their restaurant business. However, for failing to pay the dues, Desacada had to evict them from the property and this could have angered the policeman.

Desacada further said that, in her regular radio programs, she had exposed the involvement of some provincial policemen in shabu transactions, and this could have triggered them to file a trump-up charge against her, using Natan and other witness.

Lawyer Jose Grapilon, the defense counsel at the time, asked the court to allow Natan as witness of the defense herself. This was however denied prompting Desacada to raise the motion to the Court of Appeals, which on April 24 this year reversed the RTC decision and allowed the presentation of Natan as defense witness.

Bitas, in acquiting Desacada, said Natan had already asked for the dismissal of the charge she filed against the accused “because she knew that there was only mis-appreciation of the facts of the case and ... there was no buying and selling of her child.”

Natan and her purported witnesses later asked forgiveness from Desacada for putting the latter into the undeserved mess. They attended the press conference held by Desacada and her family after her release from jail.

Now, the acquitted and freed Desacada said she was happy to get her second life, but she cautioned the media community to be extra careful of instances where they could also fall in a frame-up concocted by authorities who have something to grind against them.

“I am so thankful with the Lord that He made my life beautiful again. Justice has been served, and a real gift after typhoon Yolanda,” said the journalist who is the mother of three boys and one girl. (FREEMAN)