GMA independent contractors Richard Cruz and Jojo Nones appear before the Senate hearing  on the Policies of Television Networks and Artist Management Agencies in relation to Complaints of Abuse and Harassment in Pasay City on August 12, 2024. The two contractors deny claims against them of sexually harassing artist Sandro Muhlach. Mark Demayo, ABS-CBN News

MANILA – The Department of Justice (DOJ) has filed criminal cases against independent contractors Jojo Nones and Richard Cruz over the alleged sexual abuse of actor Sandro Muhlach.

• Sandro Muhlach files rape complaint vs 2 GMA contractors before DOJ

Prosecutors filed charges of rape through sexual assault and two counts of acts of lasciviousness against Nones and Cruz with a Pasay Region Trial Court (RTC). 

No bail has been recommended for the rape charge. 

They found "prima facie evidence with reasonable certainty of conviction" to charge Nones and Cruz for sexual assault under Article 266-A paragraph 2 (Rape) of the Anti-Rape Law of 1197 and Acts of Lasciviousness under Article 336 of the Revised Penal Code.

Acting Prosecutor General Richard Fadullon said Muhlach had identified Nones and Cruz as his alleged rapists and had "narrated in detail" what the two allegedly did to him.

"Of course, kinonsider ng prosecutor kung ano yung depensa na ni-raise ng mga respondents. Pero dito sa kasong ito ang tanging depensa na inilahad nila ay pagtatanggi doon sa pangyayari," he said.

(Of course, the prosecutor considered the defense raised by the respondents. But, in this case, their only defense was a denial)

He said that "positive investigation" is the strongest form of evidence and a simple denial is the weakest. 

ALL ELEMENTS OF SEXUAL ASSAULT 'ESTABLISHED'

Prosecutors said all the elements of sexual assault were present in the case. 

"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. Unfortunately, complainant Sandro was physically too weak and dizzy to succeed due to the effects of the drugs and alcohol," the resolution read. 

• Sandro Muhlach speaks up on alleged sexual abuse

The DOJ also said the supposed normal behavior of Muhlach after the incident does not mean he was not sexually abused.

"You cannot expect — there is no standard to say na you have to behave a certain way kung ikaw halimbawa ay naging biktima ng sexual assault (if you are a victim of sexual assault)," Fadullon explained.

Prosecutors also said the delay in reporting of the sexual abuse does not affect Muhlach's credibility.

The actor explained that he did not initially want to disclose details of the incident to his father and authorities out of fear of how it could affect his career.

"It is indisputable that the said respondents' acts by themselves are indecent and immoral and exhibit the respondents' sexual desires. Taking into consideration the manner, place and time under which the acts complained of were done, lewd designs are attributable to the respondents," the resolution read. 

The DOJ also found that the respondents acted in conspiracy with each other in sexually abusing the complainant. 

Last August, Muhlach and the National Bureau of Investigation filed a rape complaint against Cruz and Nones before the DOJ. 

In their joint counter-affidavit, the contractors asked the DOJ to junk the complaint saying there is no evidence to charge them of rape through sexual assault. 

The legal counsel of Cruz and Nones, Atty. Maggie Abraham-Garduque, said in a text message they have not received a copy of the resolution yet. 

"We will issue a statement as soon as we receive the copy and we have read the basis of the department in giving due course to the complaint," she said. 

DOJ ON CASES OF MALE RAPE 

Fadullon said Muhlach's case sheds light on rape involving members of the same sex. 

 It's really very difficult to give any statistic to the number of these cases. But it's not to say na hindi nangyayari (that it doesn't happen). Medyo brought to the limelight because ang involved ay anak ng isang artista at isang artista rin," he said. 

He said the law has been amended to recognize  that sexual abuse and rape can happen to men, and that abuse is not limited to members of opposite sexes.

Fadullon also encouraged victims to not be afraid to report the crime to authorities. 

"If we want that injustice to be corrected, we have to come forward and we have to be strong enough to speak and tell the world, tell the whole public what it is that happened to you," he said.

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