CA rejects Vhong Navarro’s appeal, plea to stop filing of charges | ABS-CBN
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CA rejects Vhong Navarro’s appeal, plea to stop filing of charges
CA rejects Vhong Navarro’s appeal, plea to stop filing of charges
Mike Navallo,
ABS-CBN News
Published Sep 25, 2022 01:13 PM PHT
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Updated Sep 25, 2022 08:14 PM PHT
MANILA - The Court of Appeals (CA) has rejected comedian-host Vhong Navarro’s bid to stop the filing of rape and acts of lasciviousness charges against him over two 2014 incidents involving model Deniece Cornejo.
MANILA - The Court of Appeals (CA) has rejected comedian-host Vhong Navarro’s bid to stop the filing of rape and acts of lasciviousness charges against him over two 2014 incidents involving model Deniece Cornejo.
JUST IN: Court of Appeals denies comedian-host Vhong Navarro’s motion for reconsideration of its decision overturning the DOJ’s dismissal of Deniece Cornejo’s complaints.
The CA had ordered the filing of rape, acts of lasciviousness charges vs Navarro. pic.twitter.com/tO5CJwlKEa
— Mike Navallo (@mikenavallo) September 25, 2022
JUST IN: Court of Appeals denies comedian-host Vhong Navarro’s motion for reconsideration of its decision overturning the DOJ’s dismissal of Deniece Cornejo’s complaints.
— Mike Navallo (@mikenavallo) September 25, 2022
The CA had ordered the filing of rape, acts of lasciviousness charges vs Navarro. pic.twitter.com/tO5CJwlKEa
In a 7-page ruling dated Sept. 20, the CA Special Fourteenth Division denied Navarro’s motions for reconsideration and for the issuance of a status quo ante order which sought to stop implementing the appellate court’s earlier ruling ordering the Taguig Office of City Prosecutor to file the charges.
In a 7-page ruling dated Sept. 20, the CA Special Fourteenth Division denied Navarro’s motions for reconsideration and for the issuance of a status quo ante order which sought to stop implementing the appellate court’s earlier ruling ordering the Taguig Office of City Prosecutor to file the charges.
“A status quo ante order has the nature of a temporary restraining order. It is an established doctrine that injunction will not lie to enjoin a criminal prosecution,” CA Associate Justice Florencio Mamauag, Jr. said in a resolution concurred in by associate justices Walter Ong and Mary Charlene Hernandez-Azura.
“A status quo ante order has the nature of a temporary restraining order. It is an established doctrine that injunction will not lie to enjoin a criminal prosecution,” CA Associate Justice Florencio Mamauag, Jr. said in a resolution concurred in by associate justices Walter Ong and Mary Charlene Hernandez-Azura.
“The reason for this rule is that the accused has an adequate remedy at law by establishing as a defense to the prosecution that he did not commit the act charged, or that the statute, on which the prosecution is based, is void, and, in case of conviction, be taking an appeal. Public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society,” he explained, pointing out that Navarro’s case does not fall under any of the exceptions.
“The reason for this rule is that the accused has an adequate remedy at law by establishing as a defense to the prosecution that he did not commit the act charged, or that the statute, on which the prosecution is based, is void, and, in case of conviction, be taking an appeal. Public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society,” he explained, pointing out that Navarro’s case does not fall under any of the exceptions.
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The same CA Division, in July, overturned resolutions of the Department of Justice and Taguig prosecutors which previously junked Cornejo’s rape allegations.
The same CA Division, in July, overturned resolutions of the Department of Justice and Taguig prosecutors which previously junked Cornejo’s rape allegations.
As a result, Taguig prosecutors early this month filed rape and acts of lasciviousness charges against Navarro in two different Taguig courts.
As a result, Taguig prosecutors early this month filed rape and acts of lasciviousness charges against Navarro in two different Taguig courts.
He is currently detained at the National Bureau of Investigation after he surrendered following the issuance of arrest warrants against him.
He is currently detained at the National Bureau of Investigation after he surrendered following the issuance of arrest warrants against him.
In denying Navarro’s MR, the CA Special 14th Division said that while prosecutors have the discretion to determine probable cause for filing of cases, the court can review whether that discretion was gravely abused.
In denying Navarro’s MR, the CA Special 14th Division said that while prosecutors have the discretion to determine probable cause for filing of cases, the court can review whether that discretion was gravely abused.
Navarro had pointed out Cornejo’s inconsistent statements in her affidavits — from claiming she was raped on Jan. 22, 2014 to alleging she was also raped on Jan. 17, 2014.
Navarro had pointed out Cornejo’s inconsistent statements in her affidavits — from claiming she was raped on Jan. 22, 2014 to alleging she was also raped on Jan. 17, 2014.
The DOJ cited these inconsistencies in dismissing Cornejo’s complaints.
The DOJ cited these inconsistencies in dismissing Cornejo’s complaints.
CCTV footage showed Navarro was in Cornejo’s condo unit for less than a minute on Jan. 22, 2014, the same day Cedric Lee and companions mauled Navarro and forced him to confess to raping Cornejo before a police station.
CCTV footage showed Navarro was in Cornejo’s condo unit for less than a minute on Jan. 22, 2014, the same day Cedric Lee and companions mauled Navarro and forced him to confess to raping Cornejo before a police station.
The CCTV footage was not discussed in the CA ruling.
The CCTV footage was not discussed in the CA ruling.
Instead, the appellate court said it is the court which should rule on issues of credibility.
Instead, the appellate court said it is the court which should rule on issues of credibility.
“[T]he issues raised by Navarro in his motion, i.e., the parties’ credibility, the truthfulness of their respective claims and the strength of their evidence, are matters best left to the determination of the trial court after a full-blown trial on the merits,” it said.
“[T]he issues raised by Navarro in his motion, i.e., the parties’ credibility, the truthfulness of their respective claims and the strength of their evidence, are matters best left to the determination of the trial court after a full-blown trial on the merits,” it said.
Navarro had also cited Cornejo’s and Lee’s conviction for grave coercion over his mauling and a court’s denial of their demurrer to evidence in the serious illegal detention case which the comedian-host filed against them to show that no rape took place and that he is the victim.
Navarro had also cited Cornejo’s and Lee’s conviction for grave coercion over his mauling and a court’s denial of their demurrer to evidence in the serious illegal detention case which the comedian-host filed against them to show that no rape took place and that he is the victim.
But CA said these are “immaterial” since the elements of the cases are different.
But CA said these are “immaterial” since the elements of the cases are different.
“Although they arose from the same incident, the elements of these crimes are significantly different from the elements of rape and acts of lasciviousness, the offenses which Navarro has yet to face,” it said.
“Although they arose from the same incident, the elements of these crimes are significantly different from the elements of rape and acts of lasciviousness, the offenses which Navarro has yet to face,” it said.
Navarro argued the CA cannot order the Taguig prosecutors to file the cases since the prosecutor is not a party to Cornejo’s certiorari petition.
Navarro argued the CA cannot order the Taguig prosecutors to file the cases since the prosecutor is not a party to Cornejo’s certiorari petition.
But the CA said logic dictates that the filing of information follows the determination of probable cause.
But the CA said logic dictates that the filing of information follows the determination of probable cause.
It added, Taguig prosecutors are not deemed separate or distinct from the Secretary of Justice who is a respondent in Cornejo’s petition.
It added, Taguig prosecutors are not deemed separate or distinct from the Secretary of Justice who is a respondent in Cornejo’s petition.
Navarro had previously insisted on his innocence, telling ABS-CBN News: “Ever since na nagsimula 'to, nagsabi ako ng katotohanan. Hindi ako nagsinungaling. Consistent ako dun sa mga affidavit namin. Kumbaga, lahat kinwento ko dun. 'Di ba paulit-ulit kong sinasabi, ang pagkakasala ko, ang kasalanan ko rito ay 'yung niloko ko 'yung girlfriend ko noon at ito na 'yung wife ko ngayon.”
Navarro had previously insisted on his innocence, telling ABS-CBN News: “Ever since na nagsimula 'to, nagsabi ako ng katotohanan. Hindi ako nagsinungaling. Consistent ako dun sa mga affidavit namin. Kumbaga, lahat kinwento ko dun. 'Di ba paulit-ulit kong sinasabi, ang pagkakasala ko, ang kasalanan ko rito ay 'yung niloko ko 'yung girlfriend ko noon at ito na 'yung wife ko ngayon.”
Navarro’s lawyer, Alma Mallonga, had also questioned the revival of the case eight years after the incidents happened.
Navarro’s lawyer, Alma Mallonga, had also questioned the revival of the case eight years after the incidents happened.
"Paulit-ulit na dismissal from the Office of the City Prosecutor, by the Prosecutor-General, by the Secretary of Justice. Paulit-ulit na binasura doon sa Jan. 17 na rape kuno," the lawyer said.
"Paulit-ulit na dismissal from the Office of the City Prosecutor, by the Prosecutor-General, by the Secretary of Justice. Paulit-ulit na binasura doon sa Jan. 17 na rape kuno," the lawyer said.
"Ang tanong doon is - kung ikaw ay talagang na-rape noong Jan. 17, bakit ka pa nakipagkita noong Jan. 22? At kung sinasabi mo na hinalay ka noong Jan. 22, dahil yun ang una niyang sinasabi, bakit sa CCTV footage nakikita na ikaw ay ngumingiti at napakakalmado?” she asked.
"Ang tanong doon is - kung ikaw ay talagang na-rape noong Jan. 17, bakit ka pa nakipagkita noong Jan. 22? At kung sinasabi mo na hinalay ka noong Jan. 22, dahil yun ang una niyang sinasabi, bakit sa CCTV footage nakikita na ikaw ay ngumingiti at napakakalmado?” she asked.
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