Court dismisses acts of lasciviousness charges vs Nones, Cruz in Sandro Muhlach case

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The court says that filing an acts of lasciviousness case against the two individuals accused of sexually assaulting actor Sandro Muhlach is deemed an 'overkill,' as it could already fall under rape through sexual assault

MANILA, Philippines – Pasay Metropolitan Trial Court Branch 46 granted GMA independent contractors Jojo Nones and Richard Cruz’s motion to quash the two counts of acts of lasciviousness filed against them.

According to a report by GMA’s State of the Nation on Wednesday, February 12, filing an acts of lasciviousness case against the two individuals accused of sexually assaulting actor Sandro Muhlach is deemed an “overkill,” as it could already fall under rape through sexual assault.

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

“The prosecution resorted to an overkill by filling 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’s own sexual desires,” the court said.

The rape and acts of lascviousness charges were filed by the Department of Justice (DOJ) against Nones and Cruz on October 30, 2024.

The DOJ, in its October 2024 decision, said it found sufficient evidence to file charges of rape through sexual assault against Nones and Cruz, as Muhlach was able to explain in great detail what the independent contractors allegedly did to him. The two counts of acts of lasciviousness against them, meanwhile, were filed against Nones and Cruz before the Pasay RTC Branch 115.

Muhlach’s sexual assault claims were first publicized in late July 2024, when it was reported that a young actor was allegedly sexually assaulted after the GMA Gala by two “GMA executives.” On August 1, 2024, GMA Network released an official statement confirming that Muhlach filed a formal complaint against Nones and Cruz. 

It was on August 2, 2024, when Muhlach officially filed a sexual molestation complaint with the National Bureau of Investigation. – Rappler.com