Model Deniece Cornejo has formally asked a court to immediately transfer detained TV host Ferdinand “Vhong” Navarro from the National Bureau of Investigation (NBI) in Manila to the Taguig City Jail, saying he “should not be treated any differently.”
Navarro is facing two cases for rape and acts of lasciviousness in two Taguig courts.
He is accused of raping Cornejo on Jan. 17, 2014, while the acts of lasciviousness allegedly happened on Jan. 22, 2014.
The Taguig Regional Trial Court Branch 69 issued a non-bailable warrant of arrest against Navarro on Sept. 19 for the rape case.
Navarro surrendered to the NBI on Sept. 19 for the first warrant of arrest with a bail of P36,000 issued by the Taguig Metropolitan Trial Court Branch 116.
The non-bailable warrant of arrest was issued in the afternoon of Sept. 19. He has since been detained at the NBI Detention Center.
Cornejo, through her lawyer, Howard Calleja, filed an urgent motion with the Taguig RTC Branch 69 on Sept. 28 to transfer Navarro from the NBI detention facility to the Taguig City Jail.
Calleja is the new lead counsel for Cornejo who was credited for getting temporary liberty and bail for her and Cedric Lee in the illegal detention case filed by Navarro in 2014.
In the motion, Cornejo cited the recent Court of Appeals’ decision denying the motion for reconsideration of Navarro questioning the CA’s decision last July that ordered the Taguig City Prosecutor’s Office to file rape and acts of lasciviousness cases against him.
“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 against Navarro.
In her motion, Cornejo said, “The denial of the Motion for Reconsideration of the accused in the Court of Appeals allows for the full and proper execution of the warrant of arrest.”
“The Rules of Court provide that the arresting officer should bring the accused to the nearest police station or jail without unnecessary delay. The law does not provide that the accused should be brought to the NBI. Furthermore, the only persons who may be detained at the National Bureau of Investigation are those arrested for in flagrante delicto,” according to the motion.
In a June 2020 Supreme Court decision, under an in flagrante delicto arrest, “Two elements must concur, the person to be arrested must execute an overt act indicating that he or she has just committed, is actually committing, or is attempting to commit a crime; and that such overt act is done in the presence or within the view of the arresting officer.”
Cornejo cited rules of the Bureau of Jail Management and Penology that “an accused should be detained where the arrest warrant was issued. The accused Ferdinand ‘Vhong’ Navarro will be arraigned in Taguig. Furthermore, the arrest warrant was issued in Taguig. Hence the accused should be detained in the Taguig City Jail.”
“Wherefore premises considered, it is respectfully prayed that the instant Manifestation with Urgent Motion be resolved urgently, and that the Honorable Court issue an order directing the proper officer of the National Bureau of Investigation Detention Center to immediately transfer the accused from National Bureau of Investigation Detention Center to Taguig City Jail,” Cornejo asked the Taguig court.