Lawyers of DSWD to file motion for reconsideration

CEBU, Philippines - The lawyers of the Department of Social Welfare and Development are going to seek for reconsideration of the Department of Justice resolution exonerating Father Benedicto Ejares from criminal liability arising from his “inappropriate” conduct while hearing confessions from students of Abellana National School three years ago.

Cebu City councilor and DSWD consultant Gerardo Carillo said he already met with the other lawyers helping the victims and they have agreed to file a motion for reconsideration.

 Carillo said he will also ask the DSWD in Manila to monitor and follow-up the case at the DOJ to ensure that the interest of the victims is protected.

The city councilor admitted he is suspecting that the influence of the Catholic Church affected the resolution of the case.

“I was informed by the prosecutor sa una pa nga malakas ang simbahan sa taas,” Carillo said.

Nevertheless, Carillo said they are filing a motion for reconsideration hoping that Justice Secretary Agnes Devanadera’s resolution ordering the withdrawal of the information of the criminal case for other forms of child abuse against Ejares from the court will be reversed.

Carillo said they will be arguing on the psychological effect of the incident to the minor victims which constituent the violation of the Republic Act 7610 rather than focus on the actuation of the priest itself.

“Dili man ang paghikap-hikap sa pari ang atong gireklamo kon dili ang epekto niini ngadto sa mga bata,” Carillo said.

As a result of the incident, Carillo said, the victims were traumatized and lost their respect to the priest. Carillo explained that they have certificates issued by competent psychologist stating the psychological trauma suffered by the victims after the incident.

According to Carillo, this is not covered under the Revised Penal Code that is why the Cebu City Prosecutor’s Office filed the case for violation of Section 10(a) of R.A. 7610 or other forms of child abuse against Ejares.

Devanadera, in granting Ejares’ petition for review, resolved that the said provision of the law does not apply in this case. In her nine-page resolution promulgated last July 6, Devanadera said that other forms of child abuse will only apply when the acts complained of is not covered under the Revised Penal Code.

She said that Ejares’ case should have been Unjust Vexation which is defined under the RPC. However, considering that the complaint was filed two months after the incident happened, he could not be prosecuted anymore because the case has already prescribed.

Unjust vexation is a light offense which has a prescriptive period of two months.

Carillo said the DOJ should have delved more into the psychological effect of the incident to the victims instead of looking only at the actuation of the priest itself.

 Ejares, one of the seven priests invited to hear confessions during a Life in the Spirit Seminar held at the Abellana National School in 2006, was accused by at least seven high school students of sexual harassment.

The complainants who are all minors claimed that they all confessed with Ejares during the activity facilitated by the Oasis of Love. While hearing their confessions Ejares allegedly place his arms around their shoulders pulling them closer to him.

According to them, Ejares inappropriately touched them from shoulders down to the forearms stroking and tickling them. The priest even toyed with the straps of their brassieres. — Fred P. Languido/NLQ (THE FREEMAN)