Trigger Warning: This article contains graphic details about sexual act, acts of lasciviousness
GORGY RULA
Sa inilabas na official statement ng Puno Law, ang legal counsel ni Sandro Muhlach, nakiusap sila sa GMA-7 na ilabas na rin ang resolution ng isinagawa nilang imbestigasyon sa reklamo ni Sandro laban sa independent contractors na sina Jojo Nones at Richard “Dode” Cruz.
Bahagi ng pahayag ng Puno Law: “At this point, we also urge GMA Network, Inc. to issue its resolution on the complaint of Sandro against Mr. Cruz and Mr. Nones which, to date, is still pending. We trust that GMA Network, Inc. will honor its commitment that the investigation against Mr. Nones and Mr. Cruz is being conducted with the ‘highest standards of fairness and impartiality.’
“If no less than the Department of Justice found that Mr. Nones and Mr. Cruz committed the crimes of rape through sexual assault and acts of lasciviousness against Sandro, with more reason should GMA remove Mr. Nones and Mr. Cruz from the GMA workplace in order to maintain a safe and respectful environment for its artists.”
Read: Sandro Muhlach's legal counsel statement on DOJ rape charges vs Jojo Nones, Dode Cruz
GMA-7 ON SANDRO MUHLACH CASE
Kaugnay rito, hiningi ng PEP Troika ang reaksiyon ni Atty. Annette Gozon-Valdes, senior vice president for Programming, Talent Management, Worldwide, and Support Group at president ng GMA Films.
Ang sabi ni Atty. Annette, tinatapos pa lang ng body ang draft findings ng kanilang imbestigasyon.
Tinanong din namin ang Sparkle GMA Artist Center, ang talent management arm ng GMA-7, kung ano ang plano nila sa showbiz career ni Sandro ngayong umuusad na ang kasong isinampa nito laban sa dalawang independent contractors.
Ganoon pa rin daw ang plano nila sa aktor.
“For Sandro, Sparkle will continue providing the same level of support and assistance as his manager, just as we have done the same from the start,” saad ni Ms. Joy Marcelo, ang First VP ng Sparkle GMA Artist Center.
Read: Sandro Muhlach: "Justice system has acknowledged the truth.”
JERRY OLEA
Natanggap na ng kampo nina Jojo Nones at Richard Cruz ang resolution ng Department of Justice.
Hiningi ng PEP Troika ang statement nila kaugnay sa desisyong pag-akyat sa korte ng kasong rape at acts of lasciviousness laban sa dalawang independent contractors.
Sa statement na ipinadala ni Atty. Maggie Abraham-Garduque sa PEP Troika, idinetalye nito ang reaksiyon niya sa resolution ng DOJ.
JOJO NONES AND DODE CRUZ LEGAL COUNSEL'S STATEMENT
Narito ang kanyang kabuuang statement ni Atty. Maggie na naglalaman ng mga sensitibong salita:
“The resolution of the DOJ does not justify the indictment. This is my reaction when I read the resolution of the DOJ.
“Based on the resolution of the DOJ, there is reasonable certainty of conviction to indict Cruz and Nones for 1 count of sexual assault and 2 counts of Acts of Lasciviousness.
“Ang basis ng resolution to indict our clients for sexual assault was because allegedly Sandro was able to prove that Richard with the help of Jojo was able to insert his tongue to Sandro’s anal orifice.
“However, the resolution states and I quote, ‘It bears stressing that in this case, complainant Sandro clearly stated in his complaint affidavit that respondent Richard spread his butt cheeks and ‘licked’ his butthole. The pertinent provision of complainant Sandro’s affidavit is as follows: ‘naramdaman ko na lang na ni-stretch nya po yung butt cheek ko at naramdaman ko po ang dila nya sa butthole ko xxx’.
“Unlike in ‘sucking’, insertion can happen in ‘licking’ since it involves sticking out of the tongue.
“Therefore, as per the resolution, Sandro said that Richard merely licked his butthole.
“If what was being licked was his butthole only then there is no insertion. There is insertion if the tongue goes inside the butthole.
“The resolution also states: Moreover, during the clarificatory hearing, complaint Sandro confirmed that he felt respondent Richard insert his tongue in his anal orifice.
“This is not true, during the clarificatory hearing, Sandro kept on saying Richard licked his butthole.
“Likewise, it is our assertion that it is physically impossible to insert a tongue inside the anal orifice without any injury. You need to overstretch it to create an opening, which naturally will result to laceration or injury.
“However, the resolution states that if there is injury daw puwedeng nag-heal na: “As held by the Supreme court in Ricalde vs. People, ‘The court had explained the merely corroborative character of expert testimony and the possibility of convictions for rape based on the victim’s credible lone testimony. In any case, the medico-legal explained that his negative finding of trauma in the anal orifice does not remove the possibility of an insertion considering the flexibility of the sphincter. xxx xxx xxx
“It should be realized that the sphincter, that is the portion of the anus controlling the bowel movement, it exhibits a certain flexibility such that it can resist any objected inserted and that area is very vascular, meaning to say, it is rich in blood supply, such that any injuries would be healed in 24 hours or less than 24 hours.
“But the panel might have forgotten that the same evidence of Sandro which is the medico legal clearly states that Sandro has no injury or laceration in his anal whether fresh or healed.
“So, para sa amin there is no basis to indict Jojo and Richard for sexual assault.”
Read: Sandro Muhlach, idinetalye ang naranasan umanong pang-aabuso
NOEL FERRER
Pagpapatuloy ni Atty. Maggie, “Even the findings of the DOJ panel that there is 2 counts of acts of lasciviousness has no merit.
“As per the resolution and I quote, ‘In this case, the respondents sucked and licked the complainant Sandro’s balls, penis and nipples, in their hotel room while the complainant Sandro was rendered helpless due to the effects of the drugs and alcohol.’
“However, the drug test result of Sandro states that he was negative for any illegal substance.
“So, there is no basis to state that the alleged lascivious acts were committed because Sandro was so weak and dizzy because he was on drugs and alcohol. There was no evidence presented by Sandro that he was indeed drugged.
“Even the DOJ admits that the burden is on Sandro to prove his allegations, but the resolution did not state what evidence of Sandro proves his allegations. Contrarily, his evidence is inconsistent with his allegations.
“So for us the quantum of evidence which DOJ even introduced which is reasonable certainty of conviction was not met by Sandro.”
Ano ang reaction nina Jojo at Richard sa kaganapang ito?
Sagot ni Atty. Maggie: “Jojo and Richard are disappointed with the resolution. For them the grounds laid do not support the findings.
“Hence, we will appeal this resolution. We might also file motions to quash the informations filed in court.”