BY GEROME DALIPE IV
ILOILO City – The private complainant in the criminal cases against the 17 male Chinese nationals who stand trial for allegedly operating a cybersex den in this city has recanted her previous statement against the accused.
Such pushed defense lawyer Dominique Elnar to file a motion asking Judge Victorino Oliveros Maniba, Jr., of the Regional Trial Court Branch 39, to allow the respondents to post bail for their temporary liberty.
Will the judge grant the bail petition? What does the Supreme Court say about recantation by the private complainant?
The Supreme Court, citing the Rules of Criminal Procedure, said that an affidavit of desistance should be made before the institution of the criminal action to justify the dismissal of the complaint.
In the case of Guro versus Doronio, the Supreme Court held, “courts do not attach persuasive value to affidavits of desistance, especially when executed as an afterthought.”
The High Court also held in the case of People versus Igat that an affidavit of desistance or a pardon by the offended party cannot justify the dismissal of the complaint for rape considering that the pardon should have been made before the institution of the criminal action.
The Chinese nationals are facing a string of criminal cases in court following their arrest during a raid on the cybersex den located in Lawaan Village, Barangay Balantang, Jaro district last Nov. 4, 2023.
They were charged with qualified trafficking in person, obscene publication and exhibition through information and communication, and violation of the cybercrime law.
Those found guilty of Republic Act 9208, or the Anti-Trafficking in Persons Act of 2003, will be meted a penalty of life imprisonment and a fine ranging from P1 million to P2 million, depending upon the court’s discretion.
Under Rule 114 of the Revised Rules of Court, capital punishment punishable by reclusion perpetua or life imprisonment is non-bailable unless the defense can prove that the prosecution’s evidence is not strong enough to warrant detention while the case is being tried.
The raid was an offshoot of the search warrant issued by Judge Maniba to check the place where the respondents were allegedly operating the cybersex den.
Police said the suspects were all of legal age and believed to be facilitators for Filipino and foreign clients of the cybersex operation.
The accused were reportedly operating for about six months before their arrest. The police conducted the monitoring and surveillance of their operations for more than one month.
Authorities recovered 24 computer units, 49 assorted units of cellular phones, two switch hubs TP-link with 24 ports, two routers, one projector, one monitor, one modem, and one bundle and four boxes of subscriber identity module (SIM) cards./PN
