Kidnap raps filed vs Quezon mayor, 2 others

MANILA, Philippines - Government agents on Tuesday filed criminal complaints against a town mayor in Quezon province and two others in connection with the alleged abduction of the 12-year-old rape victim of the town’s acting treasurer early this year. The National Bureau of Investigation identified the accused as Hernani Tan, mayor of San Francisco town and president of the Mayor’s League of Quezon Province. Also accused of kidnapping and serious illegal detention before the Department of Justice (DOJ) are Tan’s wife, Zenaida, and Mildred Flores, wife of rape suspect Floro Flores. The three were subpoenaed by the NBI during the investigation by none of them appeared. Vitaliano Aguirre II, counsel of the complainant, said the three accused conspired to influence the victim to drop the rape case against Mr. Flores that she filed before the Criminal and Investigation and Detection Group (CIDG) in Quezon last June 27. Aguirre said the accused first threatened the victim that they could have her kidnapped and killed by communist guerillas if she will not recant her earlier statements. When that failed, they offered to fund her college education. “The victim has been raped, kidnapped and illegally detained... all of which are heinous crimes; her experiences were harrowing and unforgettable. But there are powers at work that wanted the victim to stay silent. They want her to cower and recant her accusations. But if the truth is shelved, then that would be more painful; the violation will be more severe – the crimes will go unpunished," Aguirre said. Aguirre is likewise seeking a reversal of the July 10 resolution of the Office of the Provincial Prosecutor dismissing the rape case due to inconsistencies in the victim’s statements. The prosecutor based its decision from the victim’s two sworn statements – one handwritten and one typewritten dated July 10, 2008. Aguirre said the statements were made while the victim was still under the custody of the suspects and thus done “under duress." The statements purportedly narrated how the victim escaped her parents and the CIDG, whom she said was forcing her to pin Mr. Flores in the rape case. In addition, the victim purportedly went to the Department of Social Welfare and Development (DSWD) in order to seek protection. "Upon closer scrutiny, the story of the 12-year-old complainant cannot be brushed aside by a sweeping dismissal. Spurious affidavits of recantation or desistance should never eclipse the truth," Aguirre said. He added that the victim, being a minor and unaccompanied by her parents or counsel, could not validly give her lawful and effective consent in the issuance of the second affidavit. “Thus, in accordance with Article 220 of the Family Code, the victim needs the assistance and guidance of her parents in signing these kinds of documents," he said. Aguirre further said that granting the handwritten and typewritten statements were duly executed by the complainant, there was no showing that she was made to swear to the correctness and truth of these statements. Based on the complaint filed at the DOJ, the girl said she was in the custody of the CIDG when a person “who looked liked a policeman" forced her to go out with him from the compound where she was being held to talk to somebody. When they reached the gate of the compound, the victim said she was surprised to see Mildred, wife of the accused. The latter asked the victim that they had to talk inside a van parked outside the gate. According to the victim, when she stepped inside the van she was startled to also find the mayor's wife, Zenaida. From June 25 to July 12, the victim narrated in her affidavit that she was brought to several places, from Candelaria, Quezon, to Batangas, and back to Lucena City. She was also brought to Quezon City, Baguio City, Valenzuela City and other places including malls and parks. In numerous instances during her captivity, the victim claimed she met Mayor Tan and a DSWD official identified as Noel Castillejo. - GMANews.TV