Man gets 40 years for
raping daughter

A farmer was sentenced by a Regional Trial Court judge to 40 years maximum imprisonment, or reclusion perpetua, for raping his 13-year-old daughter in Brgy. Tabugon, Kabankalan City, Negros Occidental.

Found guilty beyond reasonable doubt of one-count, instead of two counts of rape, was Bartolome Panisan, then 41, who was accused of raping his daughter at their residence in Brgy. Tabugon on Nov. 6 and 14, 2003, court records showed.

Kabankalan RTC Judge Henry Arles ordered Panisan to pay the victim P50,000 in civil indemnity; P50,000 in moral damages; and P25,000 in exemplary damages and to pay the costs, records added.

The complainant testified that her father kissed and touched her face while she was sleeping in their house at about 1 a.m. on Nov. 6. The girl further said the court she cried when she found out she was not wearing her underwear the next day, court records showed.

On Nov. 14 at about 1 a.m., the complainant said her father took off her underwear and raped her while she was sleeping together with her mother and siblings.

After two days, the complainant said she and her mother informed her uncle about the incident and they reported it to the Kabankalan police, which led to the arrest of the accused. The accused, meanwhile, denied the allegations, saying he was in the farm at the time of the incidents and he did not have knowledge about the alleged rape.

He said he had been staying in the farm after he and his wife had an argument two months before the incident.

The court, meanwhile said it found no reason to doubt the testimony of the accused, stressing that such as a complaint filed by a daughter against her own father, is entitled to great weight.

From the evidence, Arles said, the accused could only be convicted for raping the complainant on Nov. 14 since she was categorical and positive that the accused removed her panty and raped her.

However, the court acquitted the accused of a separate charge, since the complainant was unsure if the accused copulated with her on Nov. 6 as charged.*DMG

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FOR SHOOTING
Hinobaan resident
draws jail term

A resident of Hinobaan, Negros Occidental, was sentenced yesterday to six years maximum imprisonment for shooting a man in the town, on Oct. 13, 2004.

Kabankalan Regional Trial Court Judge Henry Arles meted Wennie Caspe, alias "Vietcong", to four years as minimum to six years as maximum imprisonment, and to pay the costs, after finding him guilty beyond reasonable doubt of frustrated homicide.

Caspe was accused of shooting Rocobhel Fernandez with an improvised firearm, or "sulpak", hitting him in different parts of his body, court records showed.

Caspe, who was assisted by his counsel, Jesus Garrucha Jr., pleaded guilty to the offense. The court apprised the accused of the consequence of his plea of guilty and this was voluntary on his part and not made through threats or intimidation or induced by any prize or reward, court records also showed. The court was satisfied that the accused really committed the offense as charged.*DMG

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23 violate gun ban

The first 30 days of the imposition of the Comelec gun ban in Negros Occidental and Bacolod City, netted 23 violators with 19 firearms and two fragmentation grenades recovered, police records show.

Four of the 23 arrested violators identified as PFC Dekin Roca, SSgt. Edwin Demontano, Police Officers 1 William Escalada and Neal Estacion, are now facing charges for violation of Comelec gun ban, a non-bailable offense and punishable with a maximum of 20 years imprisonment.

The nationwide gun ban took effect Jan. 14 and will end June 13.

Of the 19 recovered firearms, 11 were confiscated by the Negros Occidental police, while the Bacolod police seized nine, records showed.

Senior Inspector Rico Santotome reported yesterday that nine unlicensed firearms have been surrendered to the Valladolid police since the start of the Comelec gun ban period.

Region 6 police director Wilfredo Dulay has ordered an intensified campaign against the proliferation of loose firearms with the start of the election period. Other gun ban violators arrested were RPA-ABB member Antonio Taladhay, budol-budol gang members Bonifacio Medina, Felix Esporlas, Ramil Ortiz, Karen Luna, Annabelle Roxas, Artemio Bongaitan, Rameses Parinas, Richard Deles, Arsenio Dumalag, Wilfredo Alejandro, Joemar Barbosa, Gary Cadugon, Rocky Artifice, Rogelio Treyes, Reywilf Soledad, Cirilo Canillas and Elizalde Adorio.

The gun ban covers bearing, carrying or transporting of firearms or other deadly weapons in public places, including any building, street, park, private vehicle of public conveyance, even if one has a license, unless authorized by the Comelec.*GPB

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