The Court of Appeals (CA) has dismissed a case for acts of lasciviousness filed against comedian Ronnie “Atak” Araña by a hotel employee in 2017.
In a decision, the CA also stopped a lower court from further holding trial for the crime of unjust vexation against Araña.
Comedian Ronnie “Atak” Araña (Photo from his Facebook account)
Lawyer Maggie Abraham-Garduque (Photo from her Facebook account)
“Wherefore, the appeal, denominated as a Petition for Review, is granted. The Decision dated June 10.2022 and Order dated September 1, 2022, rendered by the Regional Trial Court of Paranaque City, Branch 195, in Special Civil Action for Certiorari Case No. 2018-264 are reversed and set aside. Ronnie ‘Atak’ V. Arana's Petition for Certiorari is Granted,” the CA’s Eighth Division ruled in a decision dated Jan. 22.
The CA added, “Accordingly, the Order dated September 10, 2018 of the Metropolitan Trial Court of Paranaque City, Branch 78, in Criminal Case No. 17-1839 is affirmed with modification, in that Araña will no longer be required to present evidence for the crime of unjust vexation. Criminal Case No. 17-1839 filed against Ronnie ‘Atak’ V. Araña, for the crime of Acts of Lasciviousness, is hereby dismissed.”
In a Facebook post, Araña thanked his lawyer, Maggie Abraham-Garduque, and other people who helped him.
“Gusto ko magpa salamat sa lahat ng tumolong sa akin after 7 years akung lumaban sa kaso at ngayon panalo po ako. MARAMING salamat Atty Maggie dahil Hindi mo po ako pinabayaan. Napaka professional nyo po at nilaban mo ang aking karapatan at ang katutuhanan kaya nanalo po tayo,” he wrote.
He added, “MARAMING salamat din po kay Ate Nadia Montenegro Pla sa pag recommend sa akin kay ATTY Maggie, salamat ate sa supporta, maraming salamat po Ai Ai De Las Alas sa supporta at advice sa akin. Sa mga totoong friends ko Hindi kuna kayo isaisahin pa. Sa aking Manager Kay Tita June Rufino MARAMING salamat Dahil Nandyan po kayo sa likod ko lagi. LORD GOD MARAMING SALAMAT PO SA VICTORY! ALL PRAISES BELONGS TO YOU!”
Based on court records, on Oct. 22, 2017, Mark Christian Macavinta, an employee at Okada Manila, filed a complaint for acts of lasciviousness against Araña for allegedly kissing, hugging and touching his private part.
Araña was arrested and detained on the same day. He was later arraigned before the Paranaque Metropolitan Trial Court (MTC) Branch 78 wherein he pleaded not guilty.
In a ruling dated Sept. 12, 2018, the Paranaque MTC granted Araña’s demurrer to evidence, which was tantamount to acquittal, filed by his lawyer, Abraham-Garduque, after the “prosecution failed to present sufficient evidence to warrant a conviction.”
However, the same court also ruled to hold further trial for the crime of unjust vexation against Araña.
Araña filed a petition for certiorari before the Paranaque RTC Branch 195 to reverse the decision of the MTC, invoking that the case filed against him was only for acts of lasciviousness and the grant of his demurrer to evidence was tantamount to his acquittal to said charge.
He argued that directing him to present evidence why he should not be liable for unjust vexation was a violation of his constitutional right against double jeopardy.
However, the RTC affirmed the decision of the MTC.
Araña, through his lawyer, brought his case to the CA to appeal the decisions of the RTC and MTC.
In the decision, the CA granted his petition, dismissing the entire case.
“As a consequence, the grant of Araña's demurrer to evidence was only proper. At the sake of being pedantic, once a demurrer to evidence has been granted in a criminal case, the grant amounts to an acquittal, and any further prosecution for the same offense would violate Article III, Section 21 of the Constitution. The fact remains that Araña's right against double jeopardy had already attached when the MTC granted his demurrer to evidence, and therefore acquitted him for the crime of acts of lasciviousness. He thus can no longer be tried for the case of unjust vexation,” the CA’s decision read.
His lawyer, Abraham-Garduque, praised the decision of the CA.
“Masaya kami sa naging desisyon ng Court of Appeals. This is a good decision wherein the court clarifies on the constitutional right of the accused against double jeopardy. Atak is very relieved with the decision. I know that this case put a toll on his career, he was unjustly branded as being a sexual harasser/abuser because of this case. This is a vindication for him,” said Abraham-Garduque.