Spanish national charged with child abuse, child pornography pleads 'not guilty'
MANILA, Philippines (Updated 4:31 p.m.) — The Spanish national accused of sexually abusing and taking videos of his acts with a 15-year-old Filipino girl has pleaded not guilty to the charges against him.
“Accused Franco Sanchez was arraigned and the pre-trial was also conducted,” Justice Undersecretary Emmeline Aglipay-Villar told reporters in a message on Friday.
Sanchez is facing 10 counts of violation of Section 5(b) of Republic Act 7610 or the Special Protection of Children against Abuse, Exploitation and Discrimination Act for a Taguig court.
He also faces a separate case of violation of Section 4(a) of RA 9775 or the Anti-Child Pornography Act of 2009.
“The next hearing is set on 07 December 2021 for the presentation of the first witness for the prosecution,” Aglipay-Villar added.
The DOJ earlier said that Sanchez and the minor victim met on different dates from December 2020 to February 2021. The two met online and he would fetch her and bring her to his residence in Taguig City where they allegedly used illegal drugs and had sexual intercourse.
In a separate incident, Sanchez allegedly filmed the victim’s sexual act with him and a certain “Gill.”
The victim in the case against Sanchez is the same minor victim in the case against former US diplomat Dean Edward Cheves, who is facing charges both in local and American courts.
Motion to Dismiss denied
Sanchez had also filed a Motion to Dismiss, citing the desistance of the private complainant, but this was denied by the court, Aglipay-Villar said.
She said the affidavit stated that the private complainant “decided not to pursue the case against Franco Sanchez anymore” and that the “misapprehension” between the two parties have been fixed.
But the court, in an order dated October 27, junked the motion saying that it is unmeritorious.
Aglipay-Villar said the presiding judge cited jurisprudence that held that “as a general rule, courts view unfavorably affidavits of desistance or a recantation of a victim’s testimony, since they can be easily obtained.”
The judge had also stated that dismissal of a child abuse case solely based on affidavit of desistance is prohibited, following the Protocol for Case Management of Child Victims of Abuse, Neglect and Exploitation and a DOJ circular.
“The Presiding Judge concluded that the affidavit of desistance did not exculpate the accused,” Aglipay-Villar said. — Kristine Joy Patag
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