February 23, 2016
MANILA, Philippines – The Quezon City Prosecutor’s Office has dismissed the appeal of actress Sunshine Cruz to reverse its earlier order junking the child abuse complaint she filed against estranged husband, actor Cesar Montano.
In a two-page resolution, Chief Prosecutor Donald Lee said no new evidence has been presented by the complainant that could warrant the reversal of the order.
“The arguments or issues she (Cruz) raised in her motion are essentially mere re-adoption of those that she had already articulated upon during the preliminary investigation of the case,” Lee noted.
In her motion for reconsideration, Cruz sought for the setting aside and reversal of resolution issued by Assistant City Prosecutor Ferdinand Baylon last July 21.
Aside from child abuse, the actress said Montano must also be charged in court of violence against women and their children for performing obscene act in the presence of their daughters.
Due to the obscenity performed by the actor, Cruz said she and her daughters allegedly suffered distress, psychological, and emotional violence.
Cruz filed the complaints in February 2015 after she learned that Montano allegedly touched his own genital in front of their three minor daughters, while staying in his residence on Nov. 16, 2014.
She said her daughters informed her about the sexual act of the actor through letters.
The actress said the letters written by her daughters themselves are enough to establish probable cause to file the charges.
In denying the motion, Lee said the dismissal of the complaints against Montano for lack of probable cause was anchored on the evidence presented and in accord with the prevailing law and latest jurisprudence on the matter.
“Suffice it to say the arguments and issues addressed by her (Cruz) in support of her complaint had already been passed upon and duly considered by the investigating prosecutor,” he noted.
Lee said as correctly opined, the charges cannot be sustained since the alleged victims were not presented in order to authenticate their alleged letter-complaints.
He said the presentation of the alleged victims could determine whether they are capable of perceiving the truth and classifying them as “child” witnesses.
He added that the letters were also not notarized.