Tuesday, March 04, 2008
Priest to be charged
THE Office of the Cebu City Prosecutor reversed its position in a resolution it issued in October last year and resolved to file a criminal case against Fr. Benedicto Zozobrado Ejares, who was earlier accused of lascivious acts while hearing the confession of high school students in 2006.
City Prosecutor Nicolas Sellon, in the ruling dated Feb. 28, cited points raised in the motion for reconsideration earlier filed by lawyer Alvin Butch Cañares, the City Hall consultant who is representing the complainants—seven high school students of the Abellana National School.
But Sellon, in the four-page document, said there is only basis to file one criminal case for child abuse against the priest, the seven complainants notwithstanding.
This, he said, is because “there was only one criminal impulse as the respondent committed these acts in unbroken succession and similar fashion with each act being closely connected to each other.”
Sellon, in an interview yesterday, declined to comment on the merits of the case, particularly on why only one count of child abuse was approved for filing, saying it might pre-empt what Ejares would like to do.
15 days
He said the priest has 15 days to submit a motion for reconsideration and added that, until the period expires, he will not yet endorse the criminal complaint to the Regional Trial Court for docketing.
In October last year, prosecutors dismissed seven counts of acts of lasciviousness complaints against Ejares noting that while his conduct during the confession may have been “inappropriate” it was not lascivious.
The resolution, originally prepared by Assistant City Prosecutor Alexander Acosta but modified by reviewing prosecutor Fernando Gubalane, said there was nothing wrong with the priest’s behavior because touching those taking confession was his style of carrying out the sacrament.
Moreover, according to the resolution, no criminal intent could be assigned to the priest because, “we are not dealing here with an ordinary human being” but with someone who is considered an “alter ego of Jesus Christ.”
The dismissal drew a howl from Cebu City Government officials prompting them to work with NBI 7 and the Department of Social Welfare and Development 7 in filing a motion for reconsideration.
Councilors Gerry Carillo, Edgardo Labella and Jose Daluz III, who are all lawyers, acted as advisers on the filing of the motion that City Hall consultant and lawyer Cañares prepared for the NBI.
Damage
Cañares, in his motion, said the complaint wasn’t a simple allegation of acts of lasciviousness but one which was filed in relation to Republic Act (RA) 7610, otherwise known as the special protection for children act.
In an interview after the motion was filed, Cañares said the crux of the complaint wasn’t the criminal intent on the part of the priest but the psychological damage the act has inflicted on the children.
Cañares attached the psychological report of Dr. Frederick Boholst, former chairman of the University of San Carlos’ Department of Psychology and a practicing psychotherapist.
Boholst confirmed that the children were indeed traumatized after the incident.
Around 20 students complained that Fr. Ben Ejares touched them inappropriately while they were attending confession in relation to a Life in the Spirit Seminar held at their school by the Oasis of Love, a Catholic charismatic group, last Nov. 14, 2006.
They said Ejares placed his arms around them as they took turns in the confessional and that he stroked their arms, their backs, toyed with the straps of their bras and asked questions like if they’d already had sex with somebody.
The National Bureau of Investigation (NBI) filed the complaints against the priest after tracking the students, who initially made statements via the media, in April of the following year.
But only seven of them submitted sworn affidavits that became the basis of the complaints. (KNR)
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