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	Arrest Warrant Issued Vs Danao Priest Belciña Not Found in Archbishop's Palace By Suzzane Salva-Alueta and Nilda Gallo Cebu Daily News [Philippines] June 30, 2006 http://globalnation.inq7.net/cebudailynews/news/view_article.php?article_id=7407 Can a parish priest in trouble post bail of P200,000? That question was still hanging yesterday after Danao City police tried to serve a warrant of arrest for Fr. Jose "Joey" Belcina on a charge of child abuse. Policemen went to the priest's temporary address at the Archdiocese Palace in Cebu City Wednesday night but were told his whereabouts were not known. Belciña's superior, Cebu Archbishop Ricardo Cardinal Vidal, was abroad. He left last Tuesday for Spain on official business and is due to return in July. The Cebu City prosecutor's office last week dismissed three charges of rape against Fr. Belciña filed by a 17-year-old student because no force or intimidation was used. Prosecutors instead charged him with violation of Republic Act 7610 or the law on Special Protection of Filipino Children because the priest had carnal knowledge of a minor. Belciña is the former parish priest of St. Francis of Assisi in Maslog, Danao City. He was pulled out of the parish when the rape case was filed in February and has since been staying in the SPFY Center in the Archbishop's Residence in line with church policy requiring a priest under investigation to stay in a "convent" or similar quarters. Not hiding His lawyer Gloria Dalawampu denied her client was hiding, but wouldn't say where he was either. She challenged the police to "do their job" and find him. "Ilang pangitaon. Kung wala sa palasyo adto sila mangita sa langit (They should look for him. If he is not in the Palace then they should try looking for him in the heaven)," she said. "Why should I make their job easy when it is their duty?" she said. "Just because he could not be seen does not mean that he is hiding." Danao Regional Trial Court Judge Sylva Paderanga issued the warrant of arrest last June 27, Tuesday. Bail was set at P200,000. Church officials earlier said they would not shoulder the cost of bail. Enticing The criminal charge said the priest, acting "with deliberate intent, and with lewd design, did then and there willfully, unlawfully and feloniously have carnal knowledge upon the person of_____(name withheld), a minor of 17 years of age, enticing the latter to indulge in sexual intercourse with him by giving her money, promise to facilitate the defrayment of the expenses of her college studies....." The information against Fr. Belciña was filed two hours earlier by Danao City Prosecutor Jose Dionesio Kyamko. Police have 10 days to serve the warrant at any time of day or night, and to report back to the court. CDN learned that Danao policemen went to the Archbishop's Residence looking for Fr. Belciña Wednesday evening but were told by Msgr. Achilles Dakay, the archdiocesan liason officer, that he did not know where the priest was. Yesterday morning, four Danao policemen went to the SPFY Center and served the warrant. SPO3 Alfredo Tapia said they arrived there past 12 noon and spoke with a certain Fr. Teng in the garage area. Fr. Teng told them he did not know where Fr. Belciña was, but promised to surrender him to the police in case the priest returned. Tapia said police couldn't enter to search the SPFY Center without a search warrant. No one invited them inside, either. "Possibly gud nga tua siya sa sulod, pero kutob ra ta sa pagduda kay di man ta kasulod," the policeman said. (It's possible he was inside, but we could only entertain doubts because we weren't able to enter.) Tapia said if Fr. Teng fails in his promise, police would go back to the Archbishop's Palace today and ask assistance from Msgr. Dakay to locate the priest. Foul Belciña's defense lawyer is crying foul over "shortcuts" made in the case. She said the information and the warrant were issued even before she received a copy of the prosecutors' resolution on Wednesday. She had no time to file a motion for reconsideration. Dalawampu said she would file the motion today and ask the court to hold off implementing the arrest warrant. The lawyer said the aggrieved party is supposed to have 10 days to file a motion for reconsideration and 15 days to file a petition for review. She cited Sec. 56 of the Manual of Prosecutors which provides that "the denial thereof is a reversible error and it constitutes a deprivation of the respondent's right to full preliminary investigation preparatory to the filing of the information." The "court may not proceed with the arraignment and trial pending resolution of the motion for reconsideration." She accused Prosecutor Kyamko of showing bad faith in the "hasty" filing of the information in court. "This is very malicious. As a matter of fact it only highlights his bias. It proves me right in really working for the transfer of the case" she said. In the early part of the investigation, Dalawampu asked for Kyamko's inhibition. With this, the preliminary investigation was transferred to Cebu City from Danao City. Dalawampu said she learned about the police's visit to the Archbishop's Residence on Wednesday night when she called to talk to Belciña yesterday morning. "They wanted to catch him with his defenses down," she said. With a report from Correspondent Jhunnex Napallacan
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