Sellon says: No ground for two fiscals to inhibit from Ejares case
Cebu City Chief Prosecutor Nicolas Sellon believes there is no valid ground in the argument of the Department of Social Welfare and Development for the two prosecutors to refrain from further acting on the complaint against controversial priest Benedicto Ejares.
In his order, Sellon said because nothing in the records would show any irregularity occurred in the conduct of the investigation, Assistant Prosecutor Alexander Acosta and Reviewing Prosecutor Fernando Gubalane could not be made to inhibit from resolving DSWD’s motion for reconsideration just because they were the ones who penned the earlier resolution absolving Ejares from the charges.
“Unfortunately, the one and only reason given by the complainants for the inhibition of these two prosecutors is their having ‘penned’ the contested resolutions. With all due respect, such ground alone is not just and valid. Besides, there is nothing in the records that would show that there was irregularity in the conduct of the investigation and resolution of these cases,” Sellon said.
Nevertheless, because Acosta and Gubalane have voluntarily let go of the complaint to dispel doubt or bias, Sellon said he would resolve the DSWD motion for reconsideration himself.
“Complainant’s motion for inhibition is hereby denied for not having been anchored on just and valid grounds. However, for reasons stated above, the undersigned himself hereby takes over the resolution of the motion for reconsideration,” Sellon’s order said.
Sellon then directed DSWD to file within seven days an affidavit of verification to put the allegations in its motion for reconsideration under oath.
He said while an affidavit of verification is required under the Manual for Prosecutors, the same is but procedural, thus “can be cured without causing irreparable damage or injury to the substantial rights of the respondent.”
After the prosecutors dismissed the complaint for acts of lasciviousness against Ejares, DSWD argued that the priest’s acts cannot just be taken lightly as a misunderstanding of his intentions, as they have caused more serious and lasting psychological and emotional trauma on the supposed victims.
Seven high school students accused Ejares of sexual harassment when he, during confession in a Life in the Spirit Seminar, allegedly placed his arms around the students’ shoulders and “toyed” with the strap of their bra.
In clearing Ejares from charges, the prosecutor’s office said there were insufficient grounds to indict the priest for the crime of acts of lasciviousness in relation to Republic Act 7610, or the anti-child abuse law, and Republic Act 7877, or the anti- sexual harassment act.
The prosecutors further said based on the sworn declarations of the supposed victims, it seemed that Ejares’ style of hearing a confession - that is putting his arm around the penitent’s shoulders, touching the penitent’s arms and back, or toying with the strap of the penitent’s bra with his fingers - “was just a matter of routine or habit coupled with the fact that these parts of the body being touched are not even ‘private parts’ as ordinarily understood.”
They, however, said that Ejares could have been charged with unjust vexation, a light offense punishable by 30 days imprisonment and/or a fine of P5 to P200. However, the alleged crime was already considered prescribed, as the case against Ejares was filed only on April 11, approximately six months after the crime was allegedly committed on
Gubalane also explained earlier that the National Bureau of Investigation only submitted as evidence the affidavits and pictures of the seven supposed victims.
He pointed out that there was no psychological report submitted as evidence, which is necessary as stipulated under the implementing rules in the filing of any a complaint in relation to Republic Act 7610, or the anti-child abuse law. — Joeberth M. Ocao/LPM
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