MANILA, Philippines - A resolution signed by Philippines Justice Undersecretary Leah Armamento overturned previous decisions by prosecutors to dismiss the complaint filed by a 21-year-old college student against Father Melvin de la Cuesta. The victim was 16 when she was allegedly raped at the convent on July 23, 2006.The Philippine Department of Justice has ordered government prosecutors to file a rape complaint against a Catholic priest before the regional trial court in Compostela Valley province.
The victim, who worked as a clerk for the church's office, had elevated her complaint before the justice department after local prosecutors junked her original complaint as well as her appeal.
Records show that complainant, Ara (not her real name), 21, a third-year BS Office Administration student at the Assumption College of Nabunturan met Fr. Dela Cuesta when she worked as part-time clerk in St. Therese of the Child Jesus Parish in the locality.- On July 23, 2006, Dela Cuesta allegedly called Ara to tell her to wait for him at the convent.
- While waiting for him, she fell asleep with one “Nanay Tecing” inside Fr. Dela Cuesta’s room.
- Later when the priest arrived, Ara claimed that he told her to fond or massage his chest, which she obeyed.
- To Ara’s surprise, Dela Cuesta unlocked her bra, pulled her skirt and kissed her breast.
- Ara said she felt helpless when she was cornered at the wall after pushing herself away from him.
- She alleged that she tried to resist but he was too strong and in due course raped her.
- In her affidavit, Ara claimed that Dela Cuesta later told her to eat breakfast and go back to the office soon to deposit money but she then never went back to the office or the convent.
The justice department's decision was based on a Supreme Court jurisprudence that "no woman in her right mind would openly acknowledge the violation of her person and allow the examination of her private parts if she has not been raped".
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