Fraternity founder’s conviction for rape upheld

CEBU, Philippines — The founder of Junior Krist King Kappa fraternity will remain in jail after the Supreme Court affirmed his conviction for raping his neighbor.

In his 10-page decision, Associate Justice Mariano Del Castillo denied the appeal of the accused-appellant, citing the lower courts had correctly rendered judgment in finding him guilty beyond reasonable doubt, despite his denial.

"We have consistently held that positive identification prevails over the defense of denial and alibi especially when the victim was not actuated by any improper motive, as in this case," read the decision.

"It is also a time-honored principle that no young and decent lass will publicly cry rape if such were not the truth," it added.

In her complaint, the victim, a resident of Cebu City, alleged while she was on her way home on October 7, 2006 at about 8 p.m., a friend of the accused approached her and told that the latter wanted to talk to her.

Apparently, he wanted to offer her the position of treasurer in their fraternity, which she refused.

The victim, who was 14 at the time, alleged she was forcibly brought to a nipa hut owned by the accused. There, she was again offered the position of treasurer by the accused, although she was not a member of their fraternity.

After again refusing the offer, she was brought to a cornfield where she was allegedly raped by the accused.

The accused denied the charges against him claiming he was in their neighbor's house that day and stayed there until 10 p.m. and moved for his own acquittal.

However, Castillo ruled he has no reason to disturb the judgments of the lower courts as he found the statements of victim straightforward and trustworthy.

"The court thus finds no cogent reason to depart from the factual findings of the trial Court concerning the rape and (victim's) credibility, which were affirmed by the CA (Court of Appeals)," the decision read.

The accused will be imprisoned for 20 to 40 years for the crime. (FREEMAN)