Man charged for murder try

CEBU, Philippines — The Cebu City Prosecutor’s Office has indicted a 31-year-old man for allegedly attempting to rape and kill his 19-year-old neighbor.

Prosecutor Noel Cellona said he found probable cause to hold Melchor Cortes, a resident of Barangay Banilad, Cebu City, for trial after evaluating the evidence.

“Wherefore, finding probable cause for the crime as charged, the undersigned is recommending for the filing of the cases of attempted rape and attempted murder before the proper court,” the resolution read.

In her judicial affidavit, the 19-year-old girl said while she was sleeping inside her room in their house in Barangay Banilad last October 28, 2018, with her two-year old nephew, she was awakened when someone touched her body.

The teenager said she tried to fight back by kicking him, but he punched her in the abdomen. She shouted for help while trying to run away but she was choked and dragged her back to the room.

She said she was able to grip a plastic chair and hit Cortes several times and ran outside. At this point her nephew began crying because of the commotion.

“I was able to open the entrance door and shout for help, but he bit me in my face and banged my head into the concrete wall that made me fall to the ground,” she said.

At this point a neighbor happened to pass by and Cortes was able to escape.

The teenager reported the incident to the Mabolo Police Station.

Cellona issued a subpoena directing Cortes to file his counter-affidavit but he failed to do so, so Cellona resolved the complaint based on the available information.

“There is evidence sufficient to prove attempted rape,” Cellona ruled. Because of the defenses set up by the victim, Cortes was not able to consummate the rape.

Cellona further said attempted murder was committed, saying after Cortes failed to consummate the crime of rape because the victim’s nephew  was already crying, attracting attention of people nearby, Cortes proceeded in trying to kill the victim by biting her face, banging her head against the wall, and trying to smash her head with a rock.

Cortes even warned the victim that he will come back to kill her, Cellona said. (FREEMAN)