Federico Case: Guilty

After almost nine long years, the family of nursing student Rosilin Federico, who was raped and slain in Marikina City in 1993, finally got justice yesterday.

Federico’s soul may now rest in peace as five of the suspects in her controversial rape-slay were meted yesterday the maximum life imprisonment by Judge Leill Acebo, of the Pasig City Regional Trial Court (RTC) Branch 163.

In her 25-page decision, Acebo said she could have sent the accused Ramon de la Paz; Adorable de la Paz; Zaldy de la Paz; Joel Borion and Allan Florentino to the death chamber since rape with homicide was considered a heinous crime.

She noted, however, that the death penalty was passed in 1994, a year after the crime was committed. Two other suspects, Melvin Magbanua and Edwin Habla remain at large.

Acebo also ordered each of the accused to indemnify the heirs of Federico the sum of P1.5 million in damages.

"After nine long years of waiting. . .justice was finally given to us," said Shirley Federico, the victim’s mother, who momentarily became unconscious after hearing the court clerk read the decision in their favor, Mrs. Federico left the courtroom in tears.

Dante Jimenez, chairman of the Volunteers Against Crime and Corruption (VACC) was also gladdened by Acebo’s decision. "We are happy. . .Despite the technicalities applied by the defense, justice was served right. The decision was healing."

The case was raffled off to Acebo’s sala after the Court of Appeals granted the motion for reinvestigation filed by Federico’s family after Judge Santiago Tolentino Ranada Jr., of the RTC in Marikina City dismissed the case against the five suspects on July 26, 1996.

Court records shows that Federico, who was then only 22 years old, was on her way home after working as a service crew member of the Cindy’s Restaurant at SM Centerpoint in Sta. Mesa when two of the suspects blocked her path at 11 p.m. in Barangay Parang, Marikina City.

Witnesses said Federico was dragged to a vacant house where she was raped and killed by the suspects. Her body was dumped later in a nearby covered canal and was recovered on July 7, 1993.

The victim was naked from the waist down, her lips crushed, her private parts swollen and her neck was bound by a yellow green towel. Beside her body was her underwear, blue pants and white T-shirt.

In his decision dismissing the case, Ranada said the five suspects’ testimonies owning the crime were given in the absence of counsel.

On March 4, 1998, the Court of Appeals ordered the reinvestigation of the case and transferred the venue to the Pasig City RTC.

The Supreme Court on Aug. 24, 1999 affirmed the Court of Appeals’ decision and ordered the RTC to start hearing the case.

In her decision, Acebo found the accused "guilty beyond reasonable doubt of the crime of multiple rape with homicide." After the decision was read, Florentino went wild and hysterical, insisting that he had no participation in the rape-slay. The four other suspects kept their silence during the entire court proceedings.

The accused’s lawyer said he would appeal Acebo’s decision to the Supreme Court, citing a law where all cases with death and life sentences will go to the SC for review.

Prosecutor Pete Principe said the belated testimony of witness Enrique Magnaye, who saw the suspects dumping the victim’s body, helped them get the conviction.

Magnaye claimed he saw the suspects on board a car unloading Federico’s body and dumping it a few meters away from where he was standing.

He told the court that he refused to surface immediately because he was afraid of Florentino who belongs to a rich and influential family. When he was bothered by his conscience, he decided to surface and testify.