DOJ orders filing of raps vs Ruiz family who maltreated kasambahay

Elvie Vergara, a household help who was allegedly severely abused by her employers in Occidental Mindoro since 2020. (Photo courtesy of Senator Jinggoy Estrada’s official Facebook page)

MANILA, Philippines — Senator Francis Tolentino on Monday said the Department of Justice (DOJ) had ordered the filing of cases against Franilyn and Pablo Ruiz as well as their daughter Danica over the crimes of serious illegal detention with serious physical injuries.

“The DOJ just issued a resolution relative to the case of Elvie Vergara – ‘yung binulag. So lumabas na ‘yung resolution that the Ruiz couple would now be charged by an appropriate court for the crimes of serious illegal detention with serious physical injuries punishable under Article 267 and 263 of the Revised Penal Code,” said Tolentino in a press conference.

(The DOJ just issued a resolution relative to the case of Elvie Vergara. The resolution bared that the Ruiz couple would now be charged by an appropriate court for the crimes of serious illegal detention with serious physical injuries punishable under Articles 267 and 263 of the Revised Penal Code.)

Tolentino’s panel in August 2023 led the motu-proprio inquiry into the abused house helper — Elvie Vergara after reports on her case circulated online.

Tolentino’s office then shared the DOJ’s 25-page resolution with the media. In the document, the DOJ said that based on the evidence submitted, it is clear that Vergara sustained permanent scars on her head and her body.

“Both her eyes are blind, and her ears were also deformed. These injuries were sustained by complainant Vergara from 2020 while she was in respondents Ruiz Family custody until she was rescued in June 2023,” the document reads.

“Complainant Vergara claims that these injuries were inflicted by repeated abuse, beating, and physical violence of the respondent’s Ruiz family. She also positively identified every member of the respondent Ruiz family as the ones who abused her and inflicted against her on several occasions,” it adds.

According to the DOJ, “it is clear” that respondent Danica is in conspiracy with respondents Franilyn and Pablo in committing the crime of serious illegal detention with serious physical injuries. However, the remaining member of the family or the other child, identified as Jerome, “cannot be held liable for the crime of serious illegal detention.”

“The evidence submitted failed to substantiate that the respondent Jerome acceded in detaining complainant Vergara. In fact, it appears that respondent Jerome had no participation in the decision-making processes regarding the fate of complainant Vergara,” said DOJ.

But it emphasized that Jerome may still be held liable for the crime of serious physical injuries.

“However, considering that the aforementioned crime is not categorized as a continuing crime, the place where the crime transpired is material. In the instant case, the crime of serious physical injuries, standing alone, appears to have been committed in Mamburao, Occidental Mindoro which is beyond the jurisdiction of this office,” said the agency.

With this, the DOJ ordered the filing of serious illegal detention with serious physical injury cases against Franilyn, Pablo, and Danica before the appropriate court.

The charges for serious physical injuries against Jerome, Police Executive Master Sergeant Maria Eliza Palabay, and Barangay Chairman Jimmy Patal were referred to the office of the provincial prosecutor of Occidental Mindoro for appropriate action.

Palabay and Patal got involved in the case over their alleged non-action into Vergara’s situation despite knowing the abuses she endured.

Meanwhile, the charge of the violation of the “Anti-Trafficking in Persons Act of 2023” against all respondents was dismissed.