Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that a man has blackmailed a woman in exchange for sexual favours. Though the accused had been arrested and charged, he was freed the day after his arrest. The accused is a member of an elite local club, the members of which include persons from the police and prosecution; thus, the victim is concern he could use his influence to undermine the charges she filed against him.
CASE NARRATIVE: (Based on the victim’s testimony and her witnesses)
On March 21, 2014, Nestor Nolasco, 49, manager of the Bank of Philippine Islands (BPI), General Santos City branch, was arrested in an entrapment operation in a hostel in Lagao, in the same city. He was arrested after the 25-year-old woman, his former girlfriend (who is now married), sought police assistance when he threatened to expose her nude photographs.
The victim sought the assistance of the National Bureau of Investigation (NBI) so Nolasco would not victimize her again. From September to December 2013 Nolasco troubled her by demanding that she must see him. When Nolasco threatened he would expose her photographs if she refuse to see him, she agreed to meet him on December 8. During the meeting he raped her inside his car.
On 11 and 12 February this year, Nolasco repeatedly called her to see him again and demanded that she be his date on Valentine’s Day, February 14. When she refused, Nolasco started sending the nude photographs he took of her (taken while they were in a relationship, June to August 2012) to both hers and her sibling’s phone.
On February 14, 2014, Nestor attempted to enter her house even as the doors were locked and she asked him to leave. That same day, she reported the incident to the Police Station No.3, General Santos City.
Later, Nolasco told the victim warning her that the nude photographs she received are ‘example (sample pa lang yan),’ and threatened he would also exposed a video recording that he took of them in sexual act if she to refuse to see him, again. The victim broke away from her relationship with Nolasco after learning he was already married, and later she herself got married in November 2013.
On 18 March, Nestor again demanded to see the victim. Out of fear, she agreed to meet with Nestor but had asked the help of the NBI who then conducted an entrapment operation on 21 March that led to Nestor’s arrest. When the accused was arrested, he was caught in act on top of the victim who was still fully clothed. He was naked.
On the same day, the NBI-SARDO has filed charges against him in an inquest proceedings for violation of section (5)(g) of the Anti-Violence Against Women and their Children Act of 2004; article 6 in relation to article 266-A and 266-B of the Revised Penal Code for attempted rape; and for violation of Anti-Photo and Video Voyeurism Act of 2009.
SUGGESTED ACTION:
Please write letters to the authorities mentioned below expressing your concern, and requesting their intervention in the case to ensure that the investigation, prosecution and the adjudication of the victim’s case in court in impartial.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
PHILIPPINES: A 25-year-old rape victim worries her perpetrator could undermine her case
Name of victim: Ms. X, of Lagao, General Santos City
Alleged perpetrator: Nestor Nolasco (49), manager of the Bank of Philippine Islands (BPI), General Santos City branch, of St. Joseph Street, Lagao, General Santos City.
Date of incident: From September 2013 to March 21, 2014
Place of incident: Lagao, General Santos City
I am writing to share my concern with Ms. X, a 25-year-old woman who was raped, blackmailed and forced into sexual act by the accused, Nestor Nolasco. I appreciate Nolasco’s arrest, detention and indictment for rape, for violence against women and for spreading nude photographs of the victim.
On March 21, 2014, Nestor Nolasco was arrested during an entrapment operation in a hostel in Lagao, in the same city. Nolasco was arrested after the victim, his former girlfriend (now married), sought the assistance of the National Bureau of Investigation (NBI) for his arrest when he threatened her that he would exposed her nude photographs if she refused to see him.
From September to December 2013 Nolasco troubled her by demanding that she must see him; otherwise, he would scandalized if she refuse to see him. The victim agreed to meet him on December 8, but he raped her inside his car.
In February 11 and 12 this year, Nolasco repeatedly called her to see him again and demanded that she be his date on Valentine’s Day, February 14. When she refused, Nolasco started sending the nude photographs he took of her (taken while they were in a relationship, June to August 2012) to hers and her sibling’s phone. The victim broke away from her relationship with Nolasco after learning he is already married, and later she herself got married in November 2013.
In February 14, 2014, Nestor attempted to enter her house even as the doors were locked and she asked him to leave. That same day, she reported the incident to the Police Station No.3, General Santos City.
Later, Nolasco warned the victim that the nude photographs she had received are ‘example only (sample pa lang yan),’ and threaten he would exposed a video recording that he took of them in sexual act, if she to refuse to see him, again.
On March 18, Nestor again demanded to see the victim. Out of fear, she agreed to meet with Nestor but this time she asked the help of the NBI. The NBI conducted an entrapment operation on March 21, on the day that the victim and the accused agreed to meet in a hostel which led to the accused arrest. When the accused was arrested, he was caught in act on top of the victim who was still fully clothed. He was naked.
The NBI-SARDO has filed charges against him in an inquest proceedings for violation of section (5)(g) of of the Anti-Violence Against Women and their Children Act of 2004; article 6 in relation to articles 266-A and 266-B of the Revised Penal Code for attempted rape; and for violation of Anti-Photo and Video Voyeurism Act of 2009.
I have learned, however, that Nolasco, who is a member of an elite club in General Santos City, has had influence and connection with some of the policemen and prosecutors in town. Nolasco’s connection cannot be underestimated. In fact, he was able to get a copy of the victim’s marriage certificate, which is supposed to be private and confidential, from another person without her knowledge.
I urge you to ensure that the impartiality and credibility is upheld in the investigation, prosecution and adjudication of the victim’s case. Also, if the victim so requires, the local police consider giving her adequate protection to ensure her safety.
Yours sincerely,
………………..
PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Simeon Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph /opnet@ops.gov.ph
2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com
3. Police Director Alan LM Purisima
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +632 7248763
Email: feedback@pnp.gov.ph
4. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
