Singing champ asks court to defer trial

CEBU, Philippines - “Tawag ng Tanghalan” grand winner Noven Belleza, who was accused of committing an act of sexual assault on a 19-year old local performer, asked the court on Friday to defer the trial proceedings pending preliminary investigation.

Belleza, through lawyer Leilani Villarmino, filed a motion before the sala of Judge James Stewart Ramon Himalaloan of the Regional Trial Court Branch 7 to suspend the proceedings and remand the case back to the Prosecutor’s Office.

According to the motion filed, though Belleza opted not to file a counter-affidavit during the inquest proceeding on July 18, he said he did not waive his right to undergo preliminary investigation.

A preliminary investigation is a proceeding done to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed, and the respondent is likely guilty thereof, and that a case should proceed to trial. In this proceeding, Belleza will be directed to file a counter-affidavit and other supporting documents to answer the allegation filed against him.

“There is no reason to deprive him of his right to have the reasonable probability of his guilt ascertained before he is hauled to court,” the motion read.

On July 19, the Cebu City Prosecutor’s Office has elevated to the Regional Trial Court the charge of sexual assault against Belleza, 21, a native of Bacolod City, Negros Occidental, after finding probable cause.

“…the said accused, with deliberate intent, did then and there commit an act of sexual assault upon (the complainant)…, without her consent and against the latter’s will,” the charge sheet reads.

Belleza was able to post the P120,000 bail recommended by Deputy City Prosecutor Maria Theresa Casiño for his temporary freedom while the case is pending in court.

Belleza has also asked the court to defer his arraignment which had been scheduled for August 29, 2017.

He said filing the said motion is not to delay the proceedings but to seek for justice.

In her complaint affidavit, a 19-year old victim alleged that she and Belleza had been friends when she joined the “Tawag ng Tanghalan” singing competition. The FREEMAN withholds the name of the complainant due to the nature of the case.

When Belleza came to Cebu as a guest performer at the concert of Vice Ganda, he met with the complainant at her gig on the evening of July 14.

At around 1 a.m. on July 15, Belleza said he wanted to go back to his condominium in Barangay Lahug, Cebu City, where he was temporarily housed. She accompanied Belleza since he was not familiar with Cebu.

Complainant said that at around 2 a.m., she asked Belleza if she can use the bathroom, to which he acceded.

When she got out of the bathroom, Belleza allegedly committed sexual advances to her. The victim filed a complaint against Belleza which led to his arrest. (FREEMAN)