Sandro case: Pasay court junks defendants’ petition

MANILA, Philippines — The camp of two independent television contractors accused by actor Sandro Muhlach of sexually assaulting him has vowed to “fight the case” after a Pasay court dismissed their motion to quash.

Judge Elmer Joseph Guerzon of the Pasay Regional Trial Court (RTC) Branch 114 found that the information – containing the facts constituting the offense being charged – is sufficient to merit a trial.

In a ruling dated Feb. 17 but released only yesterday, the court denied the defense’s petition for lack of merit.

Defendants can file a motion to quash if the information is defective on any of the nine grounds listed, the decision stated.

Issues of court jurisdiction and authorized complainants are among the defects recognized under Rule 117 of the revised rules on criminal procedure.

With the trial pushing through, Jojo Nones and Richard Cruz pleaded not guilty on Wednesday on the charge of rape through sexual assault, according to their lawyer.

“We had the option to file a motion for reconsideration, but we decided to fight the case on the merits,” Maggie Garduque told The STAR yesterday.

Muhlach has accused Nones and Cruz of sexually assaulting him on July 20, 2024.

The actor alleged that he was intoxicated when the two contractors invited him inside a hotel room, taught him how to use a “white substance” alluding to illegal drugs and assaulted him in bed.

On Feb. 7, the Pasay Metropolitan Trial Court Branch 46 dismissed the complaint for acts of lasciviousness filed against Nones and Cruz after the prosecution “resorted to an overkill.”

Garduque said her clients are “quite disappointed” by the RTC’s decision.

“With respect to that case, the trial will be the best test of their innocence,” she said.

The pre-trial will commence on March 19, according to Garduque.