Monday, December 22, 2008 Sexual rap vs Baron Geisler junked
A MAKATI court has dropped the acts of lasciviousness charge filed against movie actor Baron Geisler for lack of jurisdiction.
"It is without dispute that the crime charged is within the original and exclusive jurisdiction of the Metropolitan Trial Court of Makati City for its penalty does not exceed six years of prision correccional," said Makati Regional Trial Court (RTC) Branch 58 Judge Eugene Paras in his order.
Paras then remanded the case to the Office of the Clerk of Court of the Metropolitan Trial Court (MTC) for re-raffle, saying the RTC could not try cases whose corresponding penalty is a maximum six-year prison term.
The court also said the Department of Justice (DOJ) has also filed a Motion to Withdraw Information with the Office of the Clerk of Court of the Makati RTC saying it "inadvertently" filed the criminal information with the RTC when it should have been filed with the MTC.
The case stemmed from a complaint filed by Patrizha Maree, daughter of showbiz couple William and Yayo Martinez, whom Geisler allegedly molested last April 26 inside Fiama Ristorante Asteria at Jupiter Street in Makati.
The complainant alleged that Geisler, whose real name is Baron Frederick Von Geisler, touched her breasts and invited her to have sex.
But the actor denied the charges and eventually filed graft charges against the three prosecutors who ordered the filing of the criminal case against him.
Geisler, through his lawyer Bonifacio Alentajan, said the DOJ could not recommend the filing of criminal cases to a lower court.
Named respondents in Geisler's complaint before the Office of the Ombudsman were Chief State Prosecutor Jovencito Zuño, Assistant Chief State Prosecutor Miguel Gudio, and State Prosecutor Amanda Felipe.
The DOJ subsequently recommended the filing of acts of lasciviousness charge against the actor before the Makati court. (AH/Sunnex)
