The Department of Justice (DOJ) has filed before the Pasay City regional trial court (RTC) a case for rape and acts of lasciviousness against two independent television network contractors for the alleged sexual assault committed against actor Alessandro “Sandro” Muhlach.
Charged were Richard D. Cruz and Jojo T. Nones.
“We just filed the case,” confirmed Officer-In-Charge Prosecutor General Richard Anthony D. Fadullon on Wednesday, Oct. 30.
"Yung rape dito would have no bail recommended (the rape case has no bail recommended," Fadullon said.
The case against Cruz and Nones were filed in court after the Department of Justice's (DOJ) panel of prosecutors conducted the preliminary investigation of the complaint filed by Sandro.
Sandro alleged that the incident took place last July 20 in a hotel room following the GMA Gala.
“After due to deliberation and examination of the pieces of evidence submitted by Sandro, the undersigned panel of prosecutors found prima facie evidence with reasonable certainty of conviction to charge respondents RIchard and Jojo for sexual assault under Art. 266-A, par.2, of Republic Act No. 8353 (the Anti-Rape Law of 1997), as amended, and Acts of Laciviousness under Article 336 of the Revised Penal Code as amended,” the resolution of the DOJ's panel of prosecutors stated.
The panel said: “The element of force and intimidation was also duly established by complainant Sandro, It is clear from the statement of complainant Sandro in his affidavit that he repeatedly resisted and pleaded with respondents to stop their unwanted sexual advances. Unfotunately, complainant Sandro was physically too weak and due to the effects of drugs and alcohol.”
“Moreover, even though complainant Sandro may appear to be normal when he left the respondents’ hotel room it does not necessarily follow that complainant Sandro was not sexually abused,” it added.
Fadullon said: “For all victims of sexual assault, for all victims of rape hindi po tayo maaaring mabuhay sa likod ng pagiging takot (we cannot live in fear)."
“Kung gusto natin makakuha ng hustisya para doon sa maling ginawa sa atin kailangan tayo po ay maglakas loob na humarap at ang Department of Justice ay handa po tumulong sa kanila (If we want justice for the wrong committed we need to be brave and the DOJ is ready to help them),” he also said.
He admitted that cases filed in court, like those complained of by Sandro, are few.
“Marami d’yan hindi na nagtutuloy magsampa, nakikipag-areglo (Many of them do not push through with the filing of cases and preferred settlements),” he cited.
He noted that the complaint of Sandro was brought to the “limelight” because the victim is an actor and his father, Nino Muhlach, is also an actor.