The Department of Justice (DOJ) has filed rape charges before the Pasay City Regional Trial Court against two independent contractors of television station GMA7, Jojo Nones and Richard Cruz, over the alleged sexual abuse of actor Sandro Muhlach.
Acting Prosecutor General Richard Anthony Fadullon stated that prosecutors filed one count of rape through sexual assault under Article 266-B, Paragraph 2 of the Revised Penal Code (RPC) and two counts of acts of lasciviousness under Article 266 of the RPC against Nones and Cruz after resolving the case last week.
Fadullon noted that rape is a “non-bailable” offense.
The case was raffled to RTC Branch 115.
“Base doon sa investigation ng ating mga prosecutors, definitely there is positive identification doon sa dalawa na nang abuso sa kanya and he narrated in detail kung ano ang ginawa sa kanya, kung ano ang nangyari at yun ang ginawang basehan (there is positive identification of the two and he narrated in detail what they did to him and that was used as the basis of the resolution,” Fadullon told the media in a chance interview yesterday.
He said the prosecutors handling the case also considered the defense of Nones and Cruz but that it all amounted to denial and alibi.
“Ang tanging nailahad nilang depensa ay pangtanggi at alam natin sa batas ang positive identification is the strongest form of evidence and denial by itself is the weakest,” Fadullon explained.
“So between the two, binigyang timbang o pagpapahalaga ng ating prosecutor ‘yung testimonya at narration ng biktima (So, between the two, our prosecutor gave weight to the testimony and narration of the victim),” he added.
He stressed that despite minor inconsistencies in Muhlach’s statement, these are “not enough” to debunk the truthfulness of his allegationa against the two.
He said the inconsistencies could have been due to the natural reaction of someone who is a victim of a crime or sexual assault.
Fadullon further said there is no standard to say that you behave a certain way if you are a victim of sexual assault.
“Malinaw sa ebidensya na wala tayong pagdududa sa isinampang kaso (The evidence is clear and we have no doubt about the case we filed),” he added.
Fadullon also used the occasion to appeal to victims of rape and sexual abuse in the country to come out in the open and testify against their abusers, adding the DOJ will be there to help then get justice.
“If we want to correct the injustice done, be strong, come out and tell what has been done to you.It will send a strong signal to those who commit such crimes and we in the prosecution service is their to help them, ” he added.
In their counter-affidavit, Nones and Cruz asked the DOJ to junk the complaint, saying the allegations were not supported by evidence. Both said they did not sexually harass or abuse the young actor.
However, the DOJ resolution said all the elements of sexual abuse and acts of lasciviousness were committed against the young actor. The prosecutors also found that the element of force and intimidation was established by Muhlach.
“It is clear from the statement of the complainant that he repeatedly resisted abd pleaded with the respondents to stop their unwanted sexual advances. Unfortunately, complainant was too physically weak and dizzy to succeed due to the effects of the drugs and alcohol,” part of the DOJ resolution said.
The alleged sexual abuse supposedly took place after the GMA Network gala night last July 20.
GMA7 earlier said it had already initiated its own investigation even before receiving the formal complaint from Muhlach.
This after social media posts circulated online about the son of an actor who was allegedly violated by two men.
