PASAY CITY – The Pasay Metropolitan Trial Court dismissed one of the charges filed against independent contractors Jojo Nones and Richard Cruz concerning actor Sandro Muhlach’s alleged sexual assault.

The Pasay MTC Branch 46 granted Nones and Cruz’s motion to quash the two counts of acts of lasciviousness against them, GMA News reported.

Muhlach’s lawyer said they would appeal the decision.

According to the Pasay Court, the filing of acts of lasciviousness case is an “overkill” because it can be considered an element of rape through sexual assault, which the Department of Justice filed in the Pasay Regional Court.  

“Indeed, the acts of lasciviousness being complained of before this court are necessarily included in the charge of rape before the RTC,” the Pasay court said.

“Again, the prosecution resorted to an overkill by filing the instant Information for Acts of Lasciviousness when clearly the acts are constitutive and/or simultaneous and are deemed absorbed in the rape case with the alleged sole intent and purpose of arousing and ultimately gratifying the accused’ own sexual desires,” it added.

Nones’ and Cruz’s case for rape through sexual assault is still pending before the Pasay Regional Trial Court (RTC) Branch 114.

Senate President Pro Tempore Jose Jinggoy Estrada clarified that the dismissal of the acts of lasciviousness case against Nones and Cruz was based on a “mere technicality” and does not downplay the “more serious” charge of rape.

“Naninindigan ako para sa mga biktima ng pang-aabuso, hindi lamang ng mga taga-industriya sa telebisyon at pelikula na kinabibilangan ko. Nasabi ko na ito noon at uulitin ko, hinding-hindi ko kukunsintihin ang pang-aabuso ng may kapangyarihan sa industriya,” Estrada said.

(I am standing up for victims of abuse, not just those from the television and film industry that I am a part of. I said this before and I’ll say it again, I will never tolerate abuse by powerful figures in the industry.)

Estrada also urged all concerned camps to “allow the courts to decide fairly and impartially.” The case was the subject of hearings by the Senate committee on public information and mass media last year.