Released from NBI-8 detention; Batangas town ex-mayor acquitted of rape charge

TACLOBAN CITY, Philippines — After more than ten months of incarceration under the custody of the National Burerau of Investigation-Region 8, former mayor Jay Ilagan of Mataasnakahoy town in Batangas was finally released from his detention Thursday afternoon.

Regional Trial Court in Ormoc City Judge Clinton Nuevo cleared Ilagan from the rape case, filed by a 19-year-old woman, and ordered the former mayor released.

Nuevo in his decision said that “ because of reasonable doubt on the guilt of the accused, the instant case of  rape against Jay M. Ilagan is hereby ordered dismissed. Being acquitted from the instant charge, he is ordered to be released from detention unless there exists any other lawful ground (s) which legally justifies his continued detention.”

The court ruled that the rape story of the private complainant “should be disbelieved for being a mere fabrication of a lying and bogus rape victim.” It also stated that the defense had “the strongest body of evidence … with the testimonial and documentary pieces of evidence, provided by Moriel Abogado and Jose de Guzman who are both independent, disinterested, and credible witnesses.”

The court also found doubt on the credibility and trustworthiness of the complainant who “has not been honest.” It said that this “is one of the classic examples of a case wherein the prosecution has succeeded to show the existence of all the elements of the crime being charged against the accused but would fail to obtain a verdict of conviction because of reasonable doubt.”

It added: “As there is enough basis to doubt the alleged victim’s credibility in this case, a reasonable doubt constantly hovers above her supposedly air-tight rape story.” The judge said there were too many details in her story that did not match with the verified facts.

On January this year, Ilagan surrendered himself to the NBI national office after a warrant arrest was issued against him for rape charges filed by the 19-year-old woman.

The woman, who worked at a hair salon in Quezon City, claimed that she accompanied Ilagan to Ormoc to assist the latter in putting up a salon there, but accused him of raping her inside a pension house in that city on November 5, 2013. In 2014, the alleged “victim” sued Ilagan at the Ormoc City court for allegedly sexually assaulting her.

Ilagan, in his defense, said he had never been to Ormoc, and was officiating at a wedding at the Mataasnakahoy town hall in Batangas when the alleged rape supposedly occurred.

In an interview with The Freeman, Ilagan insisted that his political rivals were behind the filing of the complaint after he exposed some ghost projects involving a known contractor.

An hour before he was released from his detention at the NBI-8 the other day, he said his legal team are now preparing possible legal action against people who were responsible in this frame-up, and fabricated criminal charges filed against him.

He also warned his co-workers in the government, especially those who are in elective posts, to take extra careful from being victimized and be descredited by such modus from their political opponents. “Wag naman sana gawin ng mga kontra sa politika na gumawa ng bogus na kaso para lang sila makaupo,” he said.

In the last May 9 elections, Ilagan got re-elected as mayor of Mataasnakahoy town by a margin of 2,000 votes. His opponent, then vice mayor Henry Laqui, however moved for the cancellation of his certificate of candidacy, on the grounds of “misrepresentation,” for not disclosing that he has a pending case of rape and human trafficking in Ormoc City.

The Comelec affirmed the petition, declared all votes for Ilagan as stray votes and canceled his COC. This caused his opponent to be declared the winner as mayor in that election. By July, or two months after the election, the Supreme Court upheld the Comelec decision to disqualify Ilagan. His wife Janet, however won as the vice mayor.

Lawyer Beulah Coeli Fiel, one of Ilagan’s legal counsels, said the human trafficking charge against the ex-mayor is still pending before Judge Nuevo’s sala, waiting for the prosecution to submit evidences otherwise it will be dismissed.

Ilagan and his wife Janet had already left for their hometown in Batangas after his release from the NBI-8 office in Tacloban City yesterday. (FREEMAN)