To have greater chances of a favorable ruling from the Cebu City Prosecutors Office on its motion to reconsider the dismissal of the case against Fr. Ben Ejares, the Department of Social Welfare and Development has subjected the complainants of the case to a psychological test.
DSWD spokesperson Jaybee Carillo said they tapped Dr. Frederick Boholst of the University of San Carlos Psychology Department to conduct the test to determine the effect of the students’ experience with Ejares on their psychological being.
The test result will support the filing of the case for child abuse against Ejares.
DSWD is asking for a reconsideration of the earlier dismissal of the case for acts of lasciviousness against Ejares for alleged insufficient evidence.
In dismissing the case, assistant city prosecutor Fernando Gubalane said there was not enough evidence to establish probable cause for the crimes 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.
Gubalane, adopting the findings of investigating prosecutor Alexander Acosta, cited a ruling by the Supreme Court that said that the “factual setting, i.e., a schoolroom in the presence of complainant’s students and within hearing distance of her co-teachers, rules out a conclusion that the accused was actuated by a lustful design or purpose or that his conduct was lewd or lascivious.”
The same ruling further said: “It may be that he did embrace the girl and kiss her but, this of itself would not necessarily bring the case within the provision of Article 336 of the Revised Penal Code.”
Gubalane agreed with Acosta’s findings 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 crime was already considered prescribed, as the case against Ejares was filed only on April 11, 2007, six months after the crime was allegedly committed on November 14, 2006. The crime of unjust vexation prescribes after two months.
DSWD contended that if the case does not fall under acts of lasciviousness then the case for child abuse should have been filed since this is a special law, but Gubalane said there was no psychological report attached to the complaint to support this.
The psychological examination report is necessary to show that the incident affected the mental and emotional development of the victims.
Seven female students of the Abellana National High School, all minors, accused Ejares of harassment when the priest allegedly placed his arms around their shoulders and toyed with the straps of their bras during the confession segment of a Life in the Spirit Seminar sponsored by the Oasis of Love.
About 20 students were allegedly harassed but only seven have filed charges. — Fred P. Languido/BRP