The warrants of arrest for rape and acts of lasciviousness against popular TV host and comedian Ferdinand “Vhong” Navarro are expected to be issued soon by two Taguig courts.
Taguig Regional Trial Court Branch 69 under Judge Lorelie Datahan has been assigned through a raffle to hear the rape case filed against Navarro by the Taguig City Prosecutor’s Office based on the complaint of model Deniece Cornejo.
In the information, Cornejo accused Navarro of raping her on Jan. 17, 2014.
On the other hand, Metropolitan Trial Court Judge Angela Francesca Din of Branch 116 will decide the case of acts of lasciviousness against Navarro.
Under Sec. 6 of the Revised Rules of Criminal Procedure for a regional trial court, “Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule.” The same procedure applies for a Metropolitan Trial Court.
Last Aug. 31, the Taguig City Prosecutor’s Office filed a case of rape against Navarro before the Taguig RTC.
The prosecutor’s office filed the information stating that on Jan. 17, 2014, Navarro “through force, threat and intimidation, and by purposely intoxicating the victim, did willfully, unlawfully and feloniously have carnal knowledge with one Deniece Millinete Cornejo.” The raffle of the case was held on Sept. 8.
Last July 21, the Court of Appeals sided with Cornejo and upheld the petition for certiorari for issuance of a writ of mandamus that directed the Taguig prosecutors to file the cases against Navarro.
In the decision, the CA ordered the Taguig City Prosecutor’s Office to file Informations against Ferdinand ‘Vhong’ H. Navarro for: (1) Rape by Sexual Intercourse under Article 266-A (1) of the Revised Penal Code, as amended by Republic Act No. 8353; and (2) Acts of Lasciviousness under Article 336 of the Revised Penal Code.”
“It was erroneous for the DOJ to deny Cornejo’s petition for review on the ground that her statements in the complaint-affidavits are inconsistent and incredible,” the CA ruled.
It added, “In this regard, it bears to stress that the determination of probable cause does not depend on the validity or merits of a party’s accusation or defense or on the admissibility or veracity of testimonies presented.”
The CA ruled that “issues of credibility should be adjudged during the trial proper. It goes without saying that it is the trial court that has the unique power and position to observe the witnesses’ deportment, manner of testifying, emphasis, gesture, and inflection of the voice, all of which are potent aids in ascertaining the witness’ credibility.”
Navarro insisted that he did not rape Cornejo.