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	Fiscals on Priest's Case: No Rape, Only Child Abuse By Karlon N. Rama Sun.Star [Philippines] June 22, 2006 http://www.sunstar.com.ph/static/net/2006/06/23/fiscals.on. priest.s.case.no.rape.only.child.abuse.html--CONTENT-- Cebu City -- The special panel tasked to conduct the preliminary investigation on the rape charges filed against Fr. Jose Belcina has dropped all counts, citing the lack of evidence. But, said the panel, there is enough evidence that he had consensual sex with the underaged complainant at least once and, thus, violated the child abuse law. • Arroyo Watch: Sun.Star blog on President Arroyo It resolved to charge Belcina before the Regional Trial Court (RTC) in Danao City, where the priest's parish is. Republic Act 7610, the Special Protection of Children Act, provides a prison term of 12 to 20 years for those found guilty. Reactions were swift after the nine-page resolution, which was submitted to the Office of the Regional State Prosecutor for approval, got sent to the Office of the Danao City Prosecutor for filing Thursday afternoon. Lawyer Gloria Lastimosa-Dalawampu said she's happy the rape charges were at least dropped and is studying the possibility of filing a motion for partial reconsideration. Monsignor Achilles Dakay, liaison officer of the Archdiocese of Cebu, simply said, "Some people lied." Unanimous In their resolution, the panel cited Section 5, Article 3 of RA 7610. It states: "Children, whether male or female, who for money, profit, or any other consideration or due to the coercion, or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse." The panel is composed of Assistant Prosecutor Fernando Gubalane, Edgardo Montenegro and Lineth Lapinid. They were unanimous in their findings. The girl, in her February 10, 2006 complaint, had accused the priest of raping her at least thrice: on July 22, 2005, December 25, 2005 and January 28, 2006. At the time, she served as a "working scholar" for the St. Francis of Assisi Parish under its Educational Aid Program. In the affidavit supporting the charge, the girl said she was still 17 during the first alleged rape, supposedly inside the priest's room. She said the priest forced her into submission when he said he had a gun and then "pointed to the direction where he placed the gun in the shelf above his bed." Succeeding She said Belcina told her never to reveal what had transpired to anyone. In turn, she added, she "never frequented the convent anymore" except to get her allowance from a certain Junjun, Belcina's brother, or from a certain Alex. The second time, she narrated, happened while they were preparing for the parish's Christmas dinner. She claimed that Belcina told her to go to his room and massage her, and ended up raping her instead. And on the third assault, she claimed that she was at the convent to see and ask Belcina for money for a school project but ended up getting called again to his room. In his March 6, 2006 counter-affidavit, Belcina denied all the charges. He said he was at choir practice on the date and time the first incident supposedly occurred, and he submitted the affidavits of witnesses. He said the complainant was lying when she claimed that she never returned to the convent, saying she even went with him and other people to a birthday party the following day. 'No rape' "She also continued to visit the convent and perform her chores as a working scholar even after the incident," he said. On the second alleged instance, he said the complainant was simply lying. The church was full of people for the Christmas dinner and it was impossible for any such incident to occur. And of the third alleged incident, he said they were never even together at the supposed time of the incident. He was attending a conference with Fr. Reynaldo Cui, while the complainant was with a certain Gaspar Lucero attending a band concert. "Before going to the merits of the complaint for rape, there is a need to discuss on whether or not sexual intercourse happened between the parties... the denial of the respondent about the sexual intercourse, which is supported by the claims of his witnesses cannot prevail over the positive allegation of the complainant," the panel said. But was there rape? "There was in fact no rape that occurred," the panel said, using as basis the "behavior of the complainant herself right after the alleged incident." Silence During the clarificatory hearing, the complainant revealed that she still met with her boyfriend at the plaza that same evening, just after she left the convent. They spent time together "just talking," but the alleged rape wasn't discussed. "For someone who has allegedly undergone such a traumatic experience as rape, the complainant's reaction and behavior after the incident was too casual and nonchalant... Consequently, it is rather hard to believe that she, in fact, had been raped by respondent as alleged," the panel ruled. "Indeed, if complainant had been raped by respondent, she would have been so affected and revolted by the incident that she could not have afforded to face her alleged ravisher again, just two days after the incident and even manage to hear him preach at the pulpit at that," the ruling said. Since the damage has been done, Monsignor Dakay said that the Cebu Archdiocese will simply let justice take its course. "As far as the (alleged) sin is concerned, we will leave it to Fr. Belcina to confess," said Dakay. Cebu Archbishop Ricardo Cardinal Vidal will have to report the incident to the Vatican, which will decide what to do with the priest next. But Dakay clarified that Belcina is not suspended and can still officiate mass if he wishes to. The priest is also not deprived of his privileges. The child abuse case recommended for filing is a bailable case, unlike rape. Dalawampu said she is still weighing her options on that charge. Provincial Board Member Agnes Magpale, as chairperson of the Provincial Women's Commission, refused to comment on the resolution of the investigating panel. She stands by the case, though. "Only God knows what really happened, and of course, the two parties." (Sun.Star Cebu)
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