Rape, acts of lasciviousness charges filed vs Nones, Cruz in Sandro Muhlach case
MANILA, Philippines – The Department of Justice (DOJ) has filed rape and acts of lasciviousness charges before a Pasay court against independent GMA contractors Jojo Nones and Richard Cruz in relation to the Sandro Muhlach case.
The DOJ said on Wednesday, October 30, that it found sufficient evidence to file charges of rape through sexual assault against Nones and Cruz. The DOJ also filed two counts of acts of lasciviousness against them before the Pasay Regional Court Branch 115.
Acting Prosecutor General Richard Fadullon said that Muhlach was able to explain in detail what the two independent contractors allegedly did to him, which was then used as basis to file charges against them.
“Alam natin sa batas na ang positive identification is the strongest form of evidence, and denial by itself is the weakest. So, between the two, binigyang timbang o pagpapahalaga ng ating prosecutor ‘yung testimonya at narration ng ating biktima,” Fadullon said.
(We know that under the law, positive identification is the strongest form of evidence, and denial by itself is the weakest. So, between the two, our prosecutor gave weight or importance to the victim’s testimony and narration.)
Nones and Cruz’s legal counsel had cited minor inconsistencies in Muhlach’s testimony to refute the actot’s allegations in their counter-affidavit filed on September 12. However, Fadullon said that these supposed minor inconsistencies are not enough to debunk Muhlach’s claims.
The DOJ also affirmed that all the elements of sexual assault are present in the testimony of Muhlach, who recounted that Nones’ tongue was inserted into his anus. The actor confirmed this further in a clarificatory hearing.
The DOJ said there was also the element of force and intimidation, as Muhlach proved to prosecutors that he resisted Nones and Cruz’s unwanted sexual advances, but was hindered by the physical effects of the drugs and alcohol the two respondents, he said, had made him consume.
The DOJ added that Muhlach’s seemingly normal disposition upon exiting the hotel room where the incident took place does not necessarily mean that there was no sexual abuse.
Muhlach’s sexual assault claims were first publicized in late July, when it was reported that a young actor was allegedly sexually assaulted after the GMA Gala by two “GMA executives.” On August 1, GMA Network released an official statement confirming that Muhlach filed a formal complaint against Nones and Cruz.
Muhlach officially filed a sexual molestation complaint with the National Bureau of Investigation on August 2.
Muhlach is a Sparkle artist signed under GMA. He has made appearances in the shows Hearts on Ice and Agimat ng Agila. – Rappler.com