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  Special Terms If Girls Testify

By Doris C. Bongcac, Bernadette Parco
Cebu Daily News
March 6, 2008

http://globalnation.inquirer.net/cebudailynews/news/view/
20080306-123121/Special-terms-if-girls-testify

CEBU CITY, Philippines - If the child abuse case against Fr. Ben Ejares goes to trial, the seven high school girls who complained of being traumatized by him in 2006 will have to testify about their experience.

But since they are below 18 years old, special arrangements are provided under the law to protect them.

For example, their statements will be heard in the privacy of the judge's chambers.

Their names will also be kept confidential until the court acquires jurisdiction of the case.

"They will be presented in court as child witnesses," said Cebu City Councilor Gerardo Carillo, who acts a co-legal counsel of the complaining students of the Abellana National High School.

He said video conferencing may also be used to avoid having the minors in the same room as the priest.

GRADUATING

The complainants are now fourth year students preparing to graduate this summer. "Those involved in the incident and the other senior students just took their semi-final exams on Tuesday. They will be graduating in March or April this year," said ANS guidance counselor Nerizza Camacho.

School principal Ernesto Jacel said the girls were "leading normal lives" and going about their normal duties.

Carillo said he would call a case conference soon with social workers who are in touch with the students, since the children have to prepared for the next stage of the legal battle.

Earlier this week, the Cebu City Prosecutor's Office resolved to charge in court Fr. Ejares, a priest of the Cebu Archdiocese, for violation of Republic Act 7610, a law on the Special Protection of Children Against Abuse, Exploitation and Discrimination.

Fr. Ejares, who denied having any malicious intentions behind his dealings with the girls, has 15 days to file a motion for reconsideration.

The prosecutor's office said the priest's actions, including touching parts of the girls limbs and his inappropriate remarks while hearing the girls' individual confessions during a spiritual seminar, were " a result of a single criminal impulse."

"He (Ejares) has all remedies under the law. Due process will be given him," said Carillo.

Carillo said that with the help of the Department of Social Welfare --and Development, they will have to prepare the students for a court hearing ahead.

"We needed the help of social workers to process the information so that they will better understand it," said Carillo.

Carillo is collaborating with lawyer Butch Caares, his office consultant, in the case.

In the ANS campus, Jacel, the ANS principal, said, "Everything here is normal" over a year after the case of clerical misconduct became a scandal in November 2006.

"What we did at that time was to report the incident to the guidance office and the students were referred for counseling," said Jacel.

The girls complained that Fr. Ejares stroked their arms, backs and toyed with their bra straps while hearing their individual confessions at a Life in the Spirit Seminar in Nov. 14, 2006 at the bleachers of the Cebu City Sports Center.

Jacel said he welcomes the decision of Cebu City Prosecutor Nicholas Sellon who reversed the stand of his investigating and reviewing prosecutors when they earlier resolved to drop a complaint of acts of lasciviousness against Ejares.

"I have no objection to that," he said.

He said the school is unable to give financial aid to the students during the forthcoming trial.

"The only support we can give is moral support," said Jacel.

In the meantime, the students talk with the guidance counselor but Camacho said their light conversation is not considered counseling.

"They just come here for chika. They are used to visiting the office. They are open to come and talk about whatever they want," she said.

After the Nov. 14, 2006 episode, the school no longer coordinates with the Oasis of Love community which arranged the Life in the Spirit Seminar for public school students.

"There is a broken relationship with the Oasis," said Jacel but the school has continued its Christian education.

"We have values formation and Christian Living teachers from the parish," he said, adding that the school hosts a first Friday Mass that is celebrated by a priest from nearby San Vicente Ferrer Parish in Sambag I.

Sec. 29. Confidentiality. - At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party.

Sec. 30. Special Court Proceedings. - Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

 
 

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