“Independent contractors” Jojo Nones and Richard Cruz have asked GMA Network’s investigating committee to dismiss the sexual harassment complaint filed by actor Sandro Muhlach against them.
Nones and Cruz attended the clarificatory hearing on Sept. 16 regarding Muhlach’s complaint he filed with GMA Network’s human resources (HR) department.
The investigating committee is composed of GMA Network’s HR and legal departments. The incident allegedly happened after the GMA Gala in July.
Richard Cruz and Jojo Nones during a Senate hearing about Sandro Muhlach's complaint (Photo courtesy of Voltaire F. Domingo/Senate Social Media Unit)
Actor Sandro Muhlach (Instagram)
Lawyer Maggie Abraham-Garduque, who is representing the two contractors, said Nones and Cruz “were able to tell the true account of the story, kung ano talaga ang ginawa ni Sandro sa loob ng kwarto as opposed to the story of Sandro which is not only based on human nature and natural course of things but not supported with evidence.”
Abraham-Garduque said they gave GMA Network a copy of the joint counter-affidavit Nones and Cruz submitted to the Department of Justice (DOJ) “to show that Sandro has no evidence to prove his story; worst his evidence is contrary to his story.”
The actor filed a complaint for rape by sexual assault and acts of lasciviousness against Nones and Cruz with the DOJ, which has been submitted for resolution. Muhlach also testified in a Senate hearing.
Last month, GMA Network said it received the formal complaint filed by Muhlach, a Sparkle artist, against Nones and Cruz.
"Recognizing the seriousness of the alleged incident, GMA Network had already initiated its own investigation even before receiving the formal complaint. The Network assures the public and all stakeholders of its commitment to conducting this investigation with the highest standards of fairness and impartiality," it said.
Abraham-Garduque added, “Sinabi nya nadrug sya pero negative naman drug test. Sinabi nya he was restrained inside the room pero may messages sila ng friend nyang si Elijah at ng girlfriend nya habang nasa room sya. Meron din syang call log sa GF nya proving nakatawag pa sya sa GF nya habang nasa kwarto sya (He said he was drugged but his drug test turned out to be negative. He said he was restrained inside the room but he, his friend Elijah and the girlfriend had [exchanged] messages while he was in the room. He also has a call log with his GF proving that he was able to call his GF while he was in the room).”
“Sinabi nya narape sya pero wala naman syang allegation sa kanyang sworn statement which would constitute rape at pati medico legal nya ay negative for healed injury or laceration sa maselang bahagi ng katawan. And similar to the criminal case, ang burden of proof dito sa HR complaint ay na kay Sandro to prove his claim. Unfortunately Sandro failed to prove it (He said he was raped but there was no allegation in his sworn statement which would constitute rape and even the medico legal is negative for healed injury or laceration in the private part of his body. And similar to the criminal case, the burden of proof in the HR complaint is with Sandro to prove his claim. Unfortunately Sandro failed to prove it),” the lawyer claimed.
She said, “In the end, Jojo and Richard moved for the dismissal of the HR complaint against them. They have been preventively suspended for 1 month already and they do not have work” because of the controversy.
Abraham-Garduque previously represented TV host and actor Vhong Navarro in the bail hearings related to his rape case which was dismissed by the Supreme Court, and the Television and Production Exponents Inc. (TAPE).