The lawyer of model Deniece Cornejo lauded the decision of the Court of Appeals (CA) in dismissing the motion for reconsideration filed by detained TV host Ferdinand "Vhong" Navarro regarding the filing of rape and acts of lasciviousness cases against him.
Navarro has been charged with rape and acts of lasciviousness that he allegedly committed against Cornejo on Jan. 17, 2014 and Jan. 22, 2014, respectively, in two Taguig courts.
He is now detained at the National Bureau of Investigation (NBI) in Manila after Presiding Judge Loralie Cruz Datahan of the Taguig Regional Trial Court Branch 69 issued a warrant of arrest without bail for rape against him on Sept. 19.
The other Taguig court handling the case of acts of lasciviousness issued a warrant of arrest against Navarro but set a bail of P36,000.
In its decision promulgated on Sept. 20 and was released on Sept. 25, the CA denied Navarro’s motion for reconsideration and motion for the issuance of a status quo ante order.
“Wherefore, for all the above reasons, the instant motions for reconsideration and for the issuance of a status quo ante order are denied for lack of merit,” the CA ruled.
Navarro filed the motions urging the CA to overturn its decision dated July 21 this year, which granted Cornejo’s petition for review of her rape complaints against the TV host.
The CA’s July decision ordered the Office of the City Prosecutor of Taguig “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.”
Cornejo’s lead counsel, Atty. Ferdinand Topacio, said the latest CA decision is a victory for their quest for justice.
"It is once again a signal victory for our crusade for truth and justice to prevail. As we have always said, let the court decide in a full-blown trial," Topacio said.
In dismissing Navarro’s motion for reconsideration and prayer for the issuance of a status quo ante order, which “has the nature of a temporary restraining order,” the CA said a full-blown trial is the best way to decide the cases.
“Here, the 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,” the CA ruled.
It added, “We reiterate once more that preliminary investigation is merely inquisitorial. It is not a trial of the case on the merits and has no purpose except that of determining whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof. While the fiscal makes that determination, he cannot be said to be acting as a quasi-court, for it is the courts, ultimately, that pass judgment on the accused, not the fiscal.”
Cornejo’s three complaints for rape were dismissed by government prosecutors until the CA acted and granted her petition for review.
The CA also dismissed Navarro’s argument that it “cannot direct the OCP to file the Informations because the assailed Decision has not yet attained finality is simply untenable.”
“Logic dictates that the filing of the information must necessarily follow upon determination of probable cause. To hold otherwise would set a dangerous precedent wherein the respondent may delay the filing of the case by deliberately bombarding the courts with appeals or other forms of dilatory actions to question the outcome of the preliminary investigation,” the CA said.
Topacio earlier said that Navarro must be jailed in Taguig and not at the NBI.