DOJ charges independent contractors with rape in Sandro Muhlach abuse case

Trigger warning: Sexual abuse, rape

MANILA, Philippines — The Department of Justice has recommended filing rape charges against independent contractors Jojo Nones and Richard Cruz for the alleged sexual abuse of actor Sandro Muhlach.

Nones and Cruz were charged with rape through sexual assault and two counts of acts of lasciviousness. The case was filed before a Pasay Regional Trial Court (RTC) and was later assigned to Pasig RTC Branch 115.

The DOJ said Muhlach has positively identified Nones and Cruz as the perpetrators of the abuse committed against him and the elements of rape and acts of lasciviousness were present. 

In cases where the victim has positively identified the perpetrators, Prosecutor General Anthony Fadullon explained that denial is the weakest defense in this kind of case. 

“Ang tanging nailahad nila na depensa nila ay pagtatanggi doon sa pangyayari,” Fadullon said in an ambush interview with reporters.

(Their only defense presented was a denial of the incident.)

“Positive identification is the strongest form of evidence and denial, by itself, is the weakest. Between the two, binigyan ng pagpapahalaga ng ating prosecutor ang testimonya at narration ng ating biktima,” he added.

(Positive identification is the strongest form of evidence, while denial, by itself, is the weakest. Between the two, our prosecutor gave importance to the testimony and narration of our victim.)

It could be recalled that Nones and Cruz previously denied sexually assaulting Muhlach and urged the public not to treat them as if they were already convicted criminals.

The Justice department also pointed out that the element of force and intimidation is present as he repeatedly resisted and pleaded with the respondents to stop their unwanted advances.

“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 indictment read. 

Also citing a Supreme Court ruling, the DOJ pointed out that when a rape victim is paralyzed with fear, he/she cannot be expected to think and act coherently: “Thus, it is unfair, if not unrealistic to impose upon the complainant any rational reaction or to act conformably to the usual expectations of everyone at that time.”

“Moreover, even though complainant Sandro may appeared to be normal when he left the respondents' hotel room it does not necessarily follow that complainant Sandro was not sexually abused,” the DOJ added. 

The DOJ also noted that the delay in Muhlach's reporting of the incident does not taint his credibility. 

"It is well-settled that minor inconsistencies in the testimony of the victim does not automatically discredit the credibility of the witness. It should be borne in mind that minor inconsistencies are to be expected when a victim recalls the harrowing and traumatic experience which are commonly into painful and agonizing to recount," the indictment read. 

In a statement sent to reporters, Maggie Garduque, the lawyer of Nones and Cruz said that they will issue a statement as soon as they receive the copy of the complaint. 

Victims of sexual abuse can report cases to the CHR Citizens’ Help and Assistance Division through the following contact details:

• [email protected]
• (02) 8294-8704
• 0920 506 1194 (Smart)
• 0936 068 0982 (Globe)