GMA contractors file counter-affidavit on Sandro Muhlach's complaint

MANILA – The two independent contractors of GMA Network, Jojo Nones and Richard Cruz, filed their joint counter-affidavit before the Department of Justice on Thursday afternoon.

It was their response to the rape and acts of lasciviousness complaint filed by Sparke artist Sandro Muhlach.

In their counter-affidavit, Nones and Cruz argued there was no evidence to charge them for rape through sexual assault and the testimony of Muhlach "failed to pass the test of credibility."

 "Pinapabulaanan po namin yung alegasyon ng rape through sexual assault na ibinibintang sa mga kliyente namin kay Richard Cruz saka kay Jojo Nones. Katulad po ng sinasabi namin, yung rape through sexual assault may mga elemento po yun," their legal counsel lawyer Maggie Abraham-Garduque said.

"Kaya po sinasabi po namin sa aming counter-affidavit, doon palang po sa kanyang complaint-affidavit, wala na pong napatunayan na rape through sexual assault," she added.

The legal counsel of the independent contractors said the documentary evidence filed by Muhlach will refute his allegations.

They cited the drug test of Muhlach which came out negative, dispelling allegations that he was drugged, drunk, or that he almost passed out.

Abraham-Garduque also said there was no proof that there was use of force or that Muhlach was threatened by her clients. 

She cited the CCTV footage, also used as evidence by Muhlach, supposedly showing the actor was not injured and that he could still walk normal.

The camp of Nones and Cruz also said there was no admission of liability or offer of settlement, echoing what they mentioned at a Senate hearing.

Before they filed their counter-affidavit, Nones and Cruz came face-to-face with Sandro and his father Niño at the DOJ.

Niño Muhlach briefly spoke to the media after the filing, confirming this was the first time Sandro faced the two after the incident in July.

"Galit siyempre. Umiyak siya sa loob. Yan so pinalabas muna yung kabila," he said.

The actor-businessman said his son remains traumatized by the incident.

But the Muhlach patriarch lauded authorities for their handling of the case. 

"Okay naman. It's been fair. We just hope for the best dito sa mga darating na araw na umandar yung kaso," he said. 

Shortly after their arrival, the camp of Nones and Cruz were escorted to another building to submit their counter-affidavit. 

"Nilipat kami ng kwarto since nandiyan po both parties, to prevent po any heightened emotions. So para lang po sa pareho na parties na hindi po pinagsasabay yung pagtatanong sa parehong parties. Kaya po nilipat po muna. Pero may time po na ibinalik po kami para sa pagsisign ng minutes. So ganyan naman talaga po," Abraham-Garduque said.

Their lawyer said they were quite shocked with the attendance of Sandro and Niño, since they only expected the legal counsel of their camp to appear.

"Ineexpect naman po namin ito kasi nga po after po ng hearing nga po sa Senado ay alam naman po namin na nag file ng complaint sa DOJ para dito sa rape through sexual assault.Ang hindi lang po namin expect po na magaattend po sila kasi ang alam namin po ay submission ngayon ng joint counter-affidavit," Abraham-Garduque said.

The complaint is now submitted for resolution.

Sandro Muhlach speaks up on alleged sexual abuse