THE Davao City Prosecution Office (CPO) has recommended the filing of charges against a man who sexually assaulted a co-worker in an eatery last August 31, 2016.
Prosecutor II Rogieliza Verallo found probable cause to indict Edgar Abonero with the crime of Acts of Lasciviousness under the article 336 of the Revised Penal Code.
Based on the resolution, the woman was awakened last August 31 as Abonero inserted his hand inside her clothes and touched her.
Shocked and speechless, she was still able to shove away Abonero’s hands who merely went out of her room and lay down beside his wife.
The complainant cried herself to sleep that night and as she felt violated and told their employer, a certain Ate Jocelyn, and her father what Abonero did to her.
The complainant and her father reported the incident to the Women and Children Protection Desk of Talomo Police Station which led to the arrest of Abonero at the eatery where he works.
During the inquest, the complainant appeared to be afraid and would not let go of her father’s hands.
The complainant said that it was not the first time that Abonero entered her room and maliciously touched different parts of her body.
She also said that she did not disclose her ordeal to anyone because she was afraid and because her employer, who financed her studies, also happens to be the employer of Abonero and his wife.
Verallo said that the charge of rape originally filed against Abonero was not pursued as according to the medico legal certificate, which was done to prove rape, yielded negative result.
The general impressions are "no evident injury at the time of the examination".
Based on the Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353, rape is committed by any person who shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
Verallo said that in the instant case the allegation was the respondent touched the private complainant's parts and that there was no insertion of penis or finger into the genital orifice of the victim.
From the evidence submitted, Verallo found probable cause and finding the arrest legal and recommended the indictment of Abonero for Acts of Lasciviousness. (KVC)