DOJ drops charges vs. Cebu priest

CEBU, Philippines - The Department of Justice has ordered the withdrawal of the criminal case against Father Benedicto Ejares who was earlier indicted by the Cebu City Prosecutor’s Office for other forms of child abuse after seven high school students of the Abellana National School complained that they were sexually harassed by the priest while hearing confessions three years ago.

Justice Secretary Agnes Devanadera granted the petition for review of Ejares and ordered the city prosecutor’s office to withdraw the information of the case for violation of Section 10(a) in relation to Section 3(b) of the Republic Act 7610 against the priest.

Devanadera ordered the prosecutor’s office to report the implementation of the resolution within 10 days upon receipt.

In a nine-page resolution promulgated on July 6, Devanadera held that Ejares cannot be prosecuted for other forms of child abuse because the provisions of the law defined that it will only apply if the acts complained of is not covered by the provisions of the Revised Penal Code.

The Justice Secretary ruled that the acts complained against Ejares constituted the crime of unjust vexation which is defined and penalized under Article 287 of the Revised Penal Code. Hence, the importation of the provisions of the R.A. 7610 in this case does not hold water.

“This being so, the same acts complained of cannot, by force of law, constitute “Other Acts of Child Abuse” under Section 10(a) of R.A. 7610,” Devanadera ruled.

She sustained an earlier finding of the city prosecutor’s office that the appropriate charge against Ejares should be unjust vexation. However, the crime is considered a light offense and prescribes in two months.

The alleged incident happened in November 14, 2006 but the complaint was done only on April 11, 2007. The city prosecutor’s office held that while Ejares maybe liable for unjust vexation but because the case was filed two months after, he could no longer be prosecuted.

“It is only regrettable that as found by the Office a quo, the offense of Unjust Vexation had already prescribed and can no longer be successfully prosecuted,” the resolution read.

Ejares appealed for review the city prosecutor’s resolution which found probable cause to charge him for other forms of child abuse.

Ejares, one of the seven priests invited to hear confessions during a Life in the Spirit Seminar held at the Abellana National School in 2006, was accused by at least seven high school students of sexual harassment.

The complainants who are all minors claimed that they all confessed with Ejares during the activity facilitated by the Oasis of Love.

While hearing their confessions Ejares allegedly placed his arms around their shoulders pulling them closer to him.

According to them, Ejares inappropriately touched them from shoulders down to the forearms stroking and tickling them. The priest even toyed with the straps of their brassieres.

Ejares however denied the charges claiming that he never tried to sexually abuse the students. According to him, what he did was just his way of making the students feel at ease and encourage them to tell their sins openly.

He said that based on his experienced as a priest, children have difficulty in telling their sins owing to fear and shyness. Ejares claimed that what he did was to take away those barriers from the students.

Ejares said he was just misconstrued by the complainants reiterating that there was no malice in what he did. Ejares said is “unimaginable” for him to have lewd designs on the students because the confession was done in public and in full view of the facilitators and other students who participated in the said seminar. —/NLQ (THE FREEMAN)