LA TRINIDAD, Benguet — The Regional Trial Court’s Branch 63 here denied a motion for reconsideration of its decision acquitting the accused in the rape-killing of a beauty queen in Buguias town five years ago.
In a resolution, RTC Judge Benigno Galacgac ruled issues raised in the motion for reconsideration were mere reiteration and rehash of the issues already passed upon by the court.
The accused in the celebrated rape-slay case was identified as Donato Dimaisip, native of Ilocos Sur, who married a lass in Buguias.
Dimaisip was accused of raping and killing 16-year-old Marilou Toyaoan, reigning Miss Buguias. The crime took place on April 30, 2003 .
The rape victim was a relative of Dimaisip’s wife. The girl’s body was found dumped at a creek in Barangay Loo, Buguias, not far from the houses of the accused and the victim.
Policemen arrested the suspect after they noticed injuries in his face and fingers.
Court records showed he reportedly confessed the crime to a lawyer in the municipal jail in Buguias.
However, during cross examination, he testified that he was manhandled and tortured by the policemen while he was in their custody.
He said it was when he was under custody that his confession was made.
In the decision acquitting the accused, the court entertained doubt on the confession, saying it was extracted in violation of the constitutional rights of the accused.
The decision stated while the circumstances seemed to establish suspicion that the accused may have been the author of the crime but it was not sufficient for a conviction. -- Dexter See
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