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	Court Junks Rape Case Vs Priest Sun.Star September 30, 2011 http://www.sunstar.com.ph/davao/local-news/2011/09/30/court-junks-rape-case-vs-priest-182448 A local court judge dismissed the rape case against a Catholic Church priest and criticized a Justice official who ordered the re-filing of the rape charge earlier dismissed by a local court in 2006. In Wednesday's hearing at the Regional Trial Court branch 3 in Nabunturan town, Judge Hilario Clapis dismissed the rape case against Fr. Melvin dela Cuesta, filed by a woman who used to work as a part-time clerk at the Saint Therese of the Child Jesus Parish five years ago. Have something to report? Tell us in text, photos or videos. It was learned, however, that Wednesday's hearing was supposed to be for the issuance of a warrant of arrest against the priest who is now assigned in Diwalwal, Monkayo. Lawyer Ronald Javines, counsel of the rape victim, said Judge Clapis's outright dismissal of the case was a mockery to the entire justice system. "I am so sad with what happened. It was an outright dismissal of the case without even hearing both sides and right at the first day of the supposed hearing. The judge committed gross ignorance of the law, grave abuse of discretion and circumvention of the law," the lawyer said. The rape case was dismissed even if it was the Department of Justice (DOJ) who earlier ordered it re-filed after the prosecutor's office dropped it in 2006. Citing Supreme Court jurisprudence, the DOJ said, "Settled is the rule that no woman in her right mind would openly acknowledge the violation of her person and allow the examination of her private parts if she has not been raped." Javines said the victim is filing an administrative case against Judge Clapis. He said the judge, instead of issuing the warrant of arrest against the priest, dismissed the case and even questioned the capability of Justice Undersecretary Leah Armamento, who ordered the filing of the rape charge. "It was just his (Judge Clapis) personal opinion when he said 'Sino ba ito si Armamento na undersecretary? (Who is DOJ Undersecretary Leah Armamento?) Magaling ba ito kaysa prosecutors? (Is she better off than the prosecutors?) But this is not about Armamento. This is about the priest and what he did to the victim," Javines said. "I hope the Supreme Court will take action on this," the lawyer added. As to the accused priest, Javines said Fr. dela Cuesta should not think that he is already off the hook. "The priest is not off the hook yet. The judge could not just dismiss it that way. He did not follow the rules of the court," he said. Compostela Valley Governor Arturo Uy, meanwhile, criticized Judge Clapis for the rape case dismissal. He is positive though that there are still many avenues in which to achieve justice for the victim. "He will have his time. So much has been said about him. I pity the victim's family. But there are other venues to appeal for their case. I know true justice will be served," Uy said. Records showed that the complainant, then a BS Office Administration junior in Nabunturan town, met de la Cuesta when she was working as a part-time clerk at the Saint Therese of the Child Jesus Parish. On July 23, 2006, the priest allegedly called the victim to tell her to wait for him at the convent. When dela Cuesta arrived, she recalled that the priest told her to massage his chest, which she did. But to her surprise, he allegedly unhooked her bra, pulled her skirt and kissed her breast. The victim said she felt helpless when she was cornered on a wall after pushing herself away from him. She said she tried to resist but the priest was too strong and in due course, allegedly raped her. To support her allegations, the victim submitted a medical certificate dated August 2, 2006, indicating that she sustained injuries in her genitals. (Ben O. Tesiorna of Sun.Star Davao/Sunnex)
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