Court acquits shoe-repair man, convicts cousin in Miag-ao rape slay
A shoe-repair man accused in the 2001 rape-slay of a 15 year-old victim was acquitted while his cousin, co-accused for the grisly crime was found guilty.
Acquitted was Rodolf Adorador Iloilo while convicted was Marvin Genteroles in the rape and killing Riza Jane Naldoza.
The conviction carried a Reclusion Perpetua sentence for Genteroles with P100,000 in civil liability to the victim’s family.
Docketed as Criminal Case No. 1002 for rape with homicide, Judge Domingo Diamante of Branch 67, Guimbal, Iloilo Regional Trial Court penned the Order.
The 11-page Decision put to rest nearly eight years of pursuit for justice by the victim’s family. Her rape and killing stand as one of the most celebrated crimes in Southern Iloilo.
To recall, the hapless victim was attacked by the bamboo foot bridge of a creek towards her grandmother’s house in barangay Kirayan Tacas, Miag – ao, Iloilo. Ensuing police investigation showed that she was apparently blocked and assaulted yet tried to fight back.
The victim fell off the bamboo foot bridge though and suffered a head injury. She was apparently alive still when dragged to a secluded area, raped and killed thereafter.
Genteroles was immediately tagged as main culprit following sightings from the crime scene of at least two witnesses.
Adorador for his part was charged as well after visiting Genteroles in jail. He was spotted by the town police to have several scratches in the body that roused suspicions. One witness also recalled seeing him in the area where the victim’s body was found.
Yet the Court after considering the circumstantial evidence ruled to dismiss the charges against Adorador. The local shoe repair man lived some 80 meters away from the discovery site which could have explained the sighting. The scratches found on his body were not medically-examined as well.
“Furthermore, his voluntary appearance in the Miag-ao Police Station and his testimony in Court merit to his favor……….,” excerpts of the Decision as obtained by The News Today (TNT) went.
As such, the Court averred that prosecution failed to prove his guilt beyond reasonable doubt.
An altogether different take though on Genteroles who did not testify since according to his counsel, his client “was not on his right mind.”
For the Court, silence is tantamount to admission of guilt.
To note, the conviction of Genteroles was based on circumstantial evidence noted by the Court as having “established undoubtedly” his identity as the rapist and killer of the 15 year old.
Circumstantial evidences that included the testimonies of two prosecution witnesses and scratches on his body.
“The testimonies of the prosecution witnesses were found to be straightforward, coherent, spontaneous and bereft of any biased motive,” the Decision went.
It was the witnesses who told police having seen Genteroles that same day the victim was attacked in the area.
“…another witness testified that while in the area of the creek looking for some banana blossom intended for his viand, he met Marvin Genteroles wearing yellow t-shirt and was covered with mud, which is as a matter of fact, he saw the accused going towards the well where he bathe washing away the mud from his body,” the Decision continued.
The teener was in the area to bring rice for her grandmother. It was to be her last errand as requested by her mother that fateful morning in August 2001.
The victim’s family was aided by noted criminal lawyer Cornelio Panes who led the private prosecution team.