Cop's lawyers claim alleged rape victim had condom
Posted at 01/17/2011 11:48 PM | Updated as of 01/17/2011 11:51 PM
MANILA, Philippines – Lawyers of a police officer accused of raping a vendor inside the Manila Police District headquarters on New Year’s Eve have claimed that the woman had a condom with her during the incident.
Atty. Aniano Albon, one of the lawyers of Police Officer 3 Antonio Bautista Jr., went to the MPD headquarters Monday to see for himself where the alleged rape took place.
He looked at a window that Bautista allegedly destroyed to get inside the locked room of the police Integrity Task Force.
Albon also asked police if they moved things around the room. “Were changes made in the room? Ilang pulgada 'to? Alam niyo ba kung ilang sukat 'to? Is this the only table?”
He also entered the jail cell where his client allegedly tried to bring the victim, Vanessa. “Me jail dito? How many inmates can the jail accommodate?”
The lawyer also asked for the names of the police officers who were on duty during the incident.
Albon is among 2 lawyers that Bautista hired to defend him in the rape case.
The lawyers said they are preparing the police officer’s counter-affidavit in response to the woman’s allegations.
“He vehemently and strongly denies [the] accusation leveled against him,” Atty. Alicia Serrano said.
Albon said their client now feels safe in the custody of the National Bureau of Investigation (NBI).
“There is no more fear. He is safe there at the NBI. [There was a] P100,000 bounty that's why he surrendered,” he said.
Albon added that their client feels “victimized.”
“Not in the real sense of frame-up but is sort of [a] vindictive move,” he added. “We are preparing his defense.”
The lawyers claimed that they found flaws in the alleged rape victim’s affidavit.
Condom inside woman’s bag?
Albon also alleged that Vanessa had a condom in her bag during the incident.
“What’s the kind of person who would carry a condom in her bag and married as such and at wee hours of the morning. We see an injustice there. We see that,” he said.
Serrano said a condom inside a woman’s bag “is incredible.”
“This is too small for the act to be committed. We cannot surmise as to that unless we can prove it. But for a woman to be carrying condom in her bag, that can you conclude?” she asked.
They urged the public not to judge their client.
“Not to try and condemn Bautista through trial publicity. Please wag naman. We are confident that justice will prevail and truth will set him free,” one of his lawyers said.
The National Police Commission (Napolcom) has given Bautista 5 days to submit a counter-affidavit.
The commission will start hearing the administrative case on January 24.
The alleged rape victim, meanwhile, has yet to comment on the 2 lawyers’ allegations.
Rights group seeks justice for Vanessa
A women’s rights group, meanwhile, urged authorities to ensure that justice is served in the case.
“PO3 Antonio Bautista Jr. of the Manila Police District may be liable under the Anti-Rape Law of 1997, where the penalty of reclusion perpetua is imposed on offenders who is a member of the Philippine National Police, any law enforcement agency or penal institution, or the Armed Forces of the Philippines or its para-military units. We enjoin all women human rights defenders to remain vigilant in calling for justice for the 31-year old woman vendor,” said Cristina Palabay, convenor of Tanggol Bayi.
Palabay said prisoner rape, sexual humiliation, abuse, and violence even inside the offices of police stations, jails, and military camps should stop.
She cited a Just Detention International report on prisoner rape in the Philippines.
The report revealed that 4% of 552 female jail inmates surveyed reported to the Department of Interior and Local Government that they had experienced sexual abuse while detained.
Seven of the women had been raped, while others were subjected to abusive conduct including sexual touching, kissing, corrections officials exposing their genitalia, and attempted rape, Palabay said.
“We demand justice for the victim, as we continue to demand accountability for all human rights violations inflicted against women,” she stressed. – With a report from Maan Macapagal, ABS-CBN News
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He fled!
They can try to stretch the truth all they want but one thing cannot be denied.
Nagtago ang pulis na ito. There is a motive in that at yan ang tutulong para ibagsak ang pulis na ito.
Hooker or Not, RAPE pa rin yan basta ginalaw mo.
Hooker or Not, RAPE pa rin yan basta ginalaw mo. Kung baga sa ibang tao, naNGONGOTONG si mangmang PULIS, kaya ayan ang nakuha niya, Kinuha na yung 4,000 pesos sa bag, hindi pa nasiyahan at umiral pa ang kal*bugan kaya nagkaganyan. ibig sabihin karma lang yan, or nakakuha siya ng katapat.
Kaya niya sinasabing nabiktima siya. Kung hindi siya malib*g, hindi niya sasapitin ang problemang yan. . .
Now kung me condom, or
Now kung me condom, or ginawang bribe yung sex para makalaya, if they can prove it, which I beleive they can, Will cast doubt on the verdict. And will lead to acquittal. You must note that rape must be proven beyond reasonable doubt.
Kung ma-acquit using yung pulis sa rape based on the sex have consent, hindi pa rin sya takas kasi pwede pa rin syang tanggalin sa pagkapulis nya for Conduct unbecoming of a police officer.
Either way, say goodbye to your career. Pero you can have acquittal kung mai-prove na false accusations nga yun which would be harder sa bansa natin. He said she said sino mas mabigat. Talo kagad sa court of public opinion.
Programmer po ako hindi abugado that's just my 2 cents.
'incredible' lawyers?
Wow! These 2 lawyers are good. I’d say that they are trying to establish their defense. Now everyone knows that she had a condom and 4k with her. So all they have to project now is what kind of work she does. A ‘condom’ and a ‘lot of money’ ‘at the wee hours of the morning’… wouldn’t that be a good combination to portray a hooker? Would it be that it was not a big deal for a hooker to offer sex so he could set her free for whatever crime she committed? Do I smell consensual sex now? Don’t know about you... now this whole thing smells fishy to me.
Very bright defense lawyer
Any lawyer can say anything they want to make their client looks good. I will call it a bluff and/or a weak defender’s strategy. Any person can carry and have a condom with them at all times. There is no law prohibiting it to carry on person. I will not even talk about the table, a pathetic defense from these old looking veteran defense lawyers. On the other hand, a rape, illegal detention, robbery, theft, and acting on the color of authority are against the law….all written laws.
If there is a DNA found at the victim’s vagina that matches Bautista’s, and the Philippine Justice is not shady/dishonest/corrupt – Bautista is going down.
For PO3 Bautista -- bad police work brother, goodluck!
The real problem of this case as I see it is….according to the news lately, 8 out of 10 sworn officers does not know how to conduct an investigation which the PNP's leadership disagree and claimed only 4 out of 10 are incompetent/BUPOL.
If one of these 4 sworn officers was assigned to handle the case, the victim is screwed. Conducting a proper investigation is vital to any case. Was the victim taken to the accredited hospital for a check- up and was her clothes she was wearing at the time of the alleged crime were kept for evidence? What was the probable cause of Bautista for detaining the victim? Did Bautista have a written report of contacts with the victim?
PO3 Bautista - bad police work brother, you need a good lawyer.
hahaha
pasensyahan nyo na ang dalawang abogago de kampanilya na yan! sa tanang buhay nila na amoy lupa na sila, yan palang ang kasong hahawakan nila mula nang makapasa (ilang beses ba?) ng bar! hahaha!
ganito yun mga panyero...
hinuli nung pulis yung babae, kokotongan sana nya, nung hinalungkat nya bag, nakita nya yung kondom... umandar pagka manyakis nung pulis, kaya ayun ang nangyari...
panyero (kamukha nyo isa sa pork chop duo o tabo timba ba yun, at si madam auring) hahaha... sana kayo na lang abogago ni ampatuan, malamang kayo uunahin i-firing squad ni dyunior pag natalo siya!
obsolete na kaalaman nitong abogago ni SPO2 Uto na manyakis!
sana kayo na lang dalawa nasabugan sa bar exam last year hahaha!
Ano daw?
.
Itong mga abogado na kinuha
Itong mga abogado na kinuha nitong manyakis na pulis ay nasa row 4 yata palagi......pati pagdadala ng condom ay puwede na idahilan sa pangre rape.....maski hostes kung ayaw pagalaw sayo mga attorneys at ginalaw niyo ay rape pa din yun.....pati ba naman sukat ng lamesa ay tinatanong niyo pa? puwede nga patayo at di na kailangan ang lamesa sa rape.......naku buti na lang abogado pa lang kayo at hindi mga mambabatas kung hindi madadagdagan na naman yung mga nasa kongreso ng katulad nila.....
Ano ba naman ito
Hindi naman po argumento dito sa kaso kung madala ng condom yong babae o wala. Ang argumento po dito ang pulis ay binaboy niya ang opisina ng pamahalaan at kanyang kapwa pulis sa pamamagitan ng puwersahang pagpasok at panghahalay niya sa babae at pagkuha ng pera.
CALLING RH BILL PROPONENTS
Please check if this two are real barristers. Hindi pa man ay mukhang masasalang kaagad ang RH bilang isang test case for all rapist. Dati ang planting of evidence ay sa droga ngayon ang iniuuso naman ngayon ng mga abugado at pulis ay ang "planting condom" and voila absuelto na.