Court dismisses acts of lasciviousness cases vs GMA contractors accused of raping Sandro Muhlach | ABS-CBN
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Court dismisses acts of lasciviousness cases vs GMA contractors accused of raping Sandro Muhlach
Court dismisses acts of lasciviousness cases vs GMA contractors accused of raping Sandro Muhlach
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Photo from Sandro Muhlach's Instagram account.
Photo from Sandro Muhlach's Instagram account. MANILA (UPDATED) — The Pasay City Metropolitan Trial Court Branch 46 has dismissed two counts of acts of lasciviousness cases of GMA-7 independent contractors Richard Cruz and Jojo Nones involving actor Sandro Muhlach, agreeing that these are "absorbed" or are part of a separate rape case against them.
MANILA (UPDATED) — The Pasay City Metropolitan Trial Court Branch 46 has dismissed two counts of acts of lasciviousness cases of GMA-7 independent contractors Richard Cruz and Jojo Nones involving actor Sandro Muhlach, agreeing that these are "absorbed" or are part of a separate rape case against them.
In a decision dated February 7, the court granted the motions to quash filed by Cruz and Nones and effectively dismissed the cases.
In a decision dated February 7, the court granted the motions to quash filed by Cruz and Nones and effectively dismissed the cases.
“Based on the discussions above, the assailed informations are hereby declared void ab initio and cannot be amended to obviate a ground for quashal,” said Presiding Judge Rechie Ramos-Malabanan.
“Based on the discussions above, the assailed informations are hereby declared void ab initio and cannot be amended to obviate a ground for quashal,” said Presiding Judge Rechie Ramos-Malabanan.
In their motions to quash, Cruz and Nones told a court that a rape through sexual assault case is pending against them before the Pasay City Regional Trial Court Branch 114.
In their motions to quash, Cruz and Nones told a court that a rape through sexual assault case is pending against them before the Pasay City Regional Trial Court Branch 114.
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They raised the doctrine of absorption alleging that all other lascivious acts in pursuance to a rape must be absorbed in the latter case.
They raised the doctrine of absorption alleging that all other lascivious acts in pursuance to a rape must be absorbed in the latter case.
They also said the acts of lasciviousness and rape supposedly transpired on the same day, July 21, 2024, and without interruption, arguing that the cases constitute a partial execution of a single crime.
They also said the acts of lasciviousness and rape supposedly transpired on the same day, July 21, 2024, and without interruption, arguing that the cases constitute a partial execution of a single crime.
In her decision, Judge Ramos-Malabanan agreed that the acts of lasciviousness being complained of are necessarily included in the charge of rape before the RTC.
In her decision, Judge Ramos-Malabanan agreed that the acts of lasciviousness being complained of are necessarily included in the charge of rape before the RTC.
“Again, the prosecution resorted to an overkill by filing the instant informations for acts of lasciviousness when clearly the acts are constitutive and/or simultaneous and are deemed absorb in the rape case with the alleged sole intent and purpose of arousing and ultimately gratifying the accused' own sexual desires,” Ramos-Malabanan said.
“Again, the prosecution resorted to an overkill by filing the instant informations for acts of lasciviousness when clearly the acts are constitutive and/or simultaneous and are deemed absorb in the rape case with the alleged sole intent and purpose of arousing and ultimately gratifying the accused' own sexual desires,” Ramos-Malabanan said.
SEXUAL ASSAULT CASE STILL ONGOING
Meanwhile, Muhlach maintained that his sexual assault case against the respondent is still ongoing.
Meanwhile, Muhlach maintained that his sexual assault case against the respondent is still ongoing.
“The case wasn’t dismissed, just one of the charges,” Muhlach wrote in his Instagram Story.
“The case wasn’t dismissed, just one of the charges,” Muhlach wrote in his Instagram Story.
“The court removed the acts of lasciviousness charge because it’s already part of the sexual assault case, which is still ongoing. Meaning, mas matindi ang magiging kaso. But we will still file a motion for reconsideration for acts of lasciviousness. Hindi sila makakalusot dito at ilalaban ko ’to hanggang huli! I will make sure na hindi na kayo makakaulit sa iba! #ENDRAPE.”
“The court removed the acts of lasciviousness charge because it’s already part of the sexual assault case, which is still ongoing. Meaning, mas matindi ang magiging kaso. But we will still file a motion for reconsideration for acts of lasciviousness. Hindi sila makakalusot dito at ilalaban ko ’to hanggang huli! I will make sure na hindi na kayo makakaulit sa iba! #ENDRAPE.”
On the part of the respondents, Atty. Maggie Abraham-Garduque, legal counsel for Nones and Cruz, welcomed the court’s decision.
On the part of the respondents, Atty. Maggie Abraham-Garduque, legal counsel for Nones and Cruz, welcomed the court’s decision.
“We are happy that the court saw the legal infirmity that we had been raising since the onset of the case,” she said. – With a report from Ganiel Krishnan, ABS-CBN News
“We are happy that the court saw the legal infirmity that we had been raising since the onset of the case,” she said. – With a report from Ganiel Krishnan, ABS-CBN News
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