By NITZ ARANCON and LITO RULONA
Correspondents
A LAWYER that took the case of a teenager from Bukidnon who pressed charges against former Taglimao barangay chairman William Guialani had a supplemental affidavit filed on Tuesday afternoon in an effort to hold the ex-official accountable for rape.
The 16-year old complainant from Lingating, Baungon town in Bukidnon, submitted her two-page supplemental affidavit against Guialani before the City Prosecutor’s Office at around 4 pm on Tuesday as her lawyer, Jonathan Pacuribot, went over her case, and saw that he could make the ex-barangay chairman answerable for rape.
The teenager earlier charged Guialani with acts of lasciviousness before the prosecutor’s office but when she told Pacuribot that the former village chief allegedly used his fingers on her privates, the lawyer decided to go for a rape case.
Based on the country’s rape law, merely touching private parts constitutes rape, a non-bailable offense. Pacuribot said he went over the first affidavit which was prepared with the help of the Carmen police, and found it lacking.
The first affidavit, he said, was only intended to make Guialani answer for violation of Article 335 of Revised Penal Code or acts of lasciviousness. But after hearing the teenager’s account, he said he could make Guialani answer for violation of Article 266-A and 266-B of the same Code because the former barangay chairman allegedly used his fingers in touching the complainant’s genitals.
“The act is punishable under the new rape law because the complainant claimed there was a penetration with the use of a finger,” Pacuribot said. Pacuribot cited provisions in the rape law to point out how a man can be held liable for rape: “… a man who has carnal knowledge of a woman without her consent, whether or not the woman suffers injuries… a person who touches or inserts any instrument or object, including a finger, into the genital or anal orifice of another person.”
Guialani strongly denied the teenager’s accusation, and accused city hall of getting back at him because he filed a series of graft charges against Mayor Oscar Moreno and his subordinates before the ombudsman. He said the complaint was a political “retaliation.”
Guialani said the allegations were also made at a time when he was already preparing to run for city councilor. He said Moreno was likely behind the complaint because he was out to destroy his credibility.
“Gusto gyud ni Atty. Pacuribot nga ma-preso ako aron madaot ang akong credibility kay sa oras nga madaot ang akong credibility, dili na moto-o ang ombudsman sa akong sumbong batok ni Moreno.”
Guialani also accused Pacuribot of having an ill-motive, pointing out that he included his (Pacuribot’s) uncle in a complaint for plunder he filed with the ombudsman. The lawyer is a nephew of city engineer Roland Pacuribot.
Meanwhile, the complainant lashed out at Guialani, and challenged him to stick to the rape complaint instead of linking it to politics. She said she came forward because she was after of justice, and politics was none of her concern.
In her supplemental affidavit, the teenager narrated: “He forcefully pulled my pants so hard that the buttons snapped out; he slid his hand in my underwear…”She alleged that Guialani then used his finger against her will.
The complainant claimed the alleged abuse took place in Guialani’s apartment on Mulawan St. in Barangay Patag at around 7 pm in April 19. She claimed she went with Guialani there to get some fish for an eatery near Liceo de Cagayan University. The eatery, where she used to work, belonged to Guialani at that time.
Inside the apartment, the complainant alleged, Guialani suddenly dragged her into a room, and started kissing and fondling her, and then used his fingers on her. In an earlier interview, Guialani accused the complainant of seeking money from him. He also said the complainant had an ax to grind because she became jobless after he gave up the eatery.
Guialani became a controversial figure in 2013 when he unleashed a series of accusations against local officials, even going to the extent of admitting to shelling out money so they would give the firm New Wishing Star Trading Corp. a lease contract for the upper level of Carmen market.
The contract was voided by city hall, and awarded a new one to another firm called Unitop, New Wishing Star’s sub-lessee.
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