MANILA, Philippines–The Court of Appeals gave the green light for the prosecution of a Japanese national for sexually and physically molesting his Filipina live-in partner.
In a seven-page decision, the appeals court, through Associate Justice Japar Dimaampao, dismissed Yoshihiko Sato’s petition seeking to nullify the ruling by Makati Regional Trial Court Judge Marisa Macaraig-Guillen denying his motion to withdraw the complaint for violation of Republic Act 9262 (Violence Against Women Act of 2004) in relation to RA 7610 (child abuse) filed by his fiancé, Maris Stella Degala.
Sato argued that the lower court committed grave abuse of discretion in handing out the decision when he escaped prosecution not for that offense but for multiple counts of qualified seduction with rape and serious illegal detention filed by Degala, which was dismissed by the Makati city prosecutor for insufficient evidence.
The appeals court, however, said the RTC had compelling reasons to deny the motion to withdraw the information against Sato and in adjudging that probable cause exists.
“It is our considered opinion that a full-blown trial is indispensable to determine whether the evidence for the prosecution is telling enough to establish petitioner’s (Sato) guilt beyond reasonable doubt,” the appeals court said.
The appellate court further said that Sato will be able to air out his defense and to prove his innocence during a full-blown trial.
“Trial on the merits is crucial to hear the defenses that may be brought to the fore by petitioner to exonerate himself from the accusations hurled against him,” the court added.
Court records showed that Degala filed charges against Sato in 2005 for violation of RA 9262 when he repeatedly beat her up whenever she refused to have sex with him. Her ordeal ended when she escaped from his home in Makati in July 2005.
Due to the dismissal of her complaint for qualified seduction with rape, she filed another case now pending before Judge Guillen. –Tetch Torres, INQUIRER.net
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