The Court of Appeals (CA) has denied the plea of businessman Cedric C. Lee to dismiss the case for “serious illegal detention for ransom” filed against him and six others by comedian and television host Ferdinand “Vhong” H. Navarro.
In a decision written by Associate Justice Angelene Mary W. Quimpo-Sale, the CA affirmed the 2019 order issued by the Taguig City regional trial court (RTC) which denied Lee’s motion to dismiss the case.
“In the absence of a clear showing that the trial court has committed a grave abuse of discretion or acted in excess of jurisdiction, this Court will not annul an interlocutory order denying a motion to dismiss a criminal case,” the CA ruled.
Aside from Lee, charged with violation of Article 267 of the Revised Penal Code were Deniece Millinette Cornejo, Bernice Cua Lee, Simeon Palma Raz Jr., Jose Paolo Gregorio A. Calma, Sajed Fernandez Abuhijleh, and Ferdinand Guerrero.
The criminal charge sheet against Cedric Lee and his six other co-accused stated that they, “with the use of firearm,” allegedly detained Navarro inside the condominium unit of Cornejo in Bonifacio Global City, Taguig City. It also stated that they inflicted physical injuries and threatened to kill Navarro and demanded money for his release.
The criminal complaint also stated that P2 million was demanded for the release and that Navarro agreed to shell out P1 million.
After the prosecution has presented its evidence, Cedric Lee filed a motion to dismiss the charges but his demurrer to evidence was denied by the RTC on May 27, 2019.
In his defense, Lee claimed that he “performed a citizen’s arrest of the private complainant (Navarro) because the latter was caught committing in flagrante delicto (in the act) the crime of attempted rape against Cornejo.”
The serious illegal detention for ransom case was related to the rape charges filed by Cornejo against Navarro.
The Department of Justice (DOJ) upheld the prosecutors’ dismissal of the complaints for rape and acts of lasciviousness filed by Cornejo against Navarro.
However, on July 21, 2022, the CA granted Cornejo’s petition as it directed the DOJ to file the criminal complaints before the RTC.
On Sept. 19, 2022, the Taguig City metropolitan trial court found probable cause to put Navarro on trial for acts of lasciviousness and ordered bail of P36,000.
However, on the same day, the Taguig City RTC ordered Navarro’s arrest on a non-bailable rape case. Navarro is currently detained at the National Bureau of Investigation (NBI).
In dismissing Lee’s petition on the illegal detention for ransom case, the CA said: “Petitioner (Lee), in his motion to dismiss before the trial court also argued that even assuming the information is complete, the case must still be dismissed or failure of the prosecution to prove all the elements of the crime charged.”
The CA stressed that “this argument was already raised in his demurrer to evidence, therefore, the trial court correctly treated the motion to dismiss as a second demurrer to evidence,” the CA said.
Associate Justices Maria Elisa Sempio Diy and Rex Bernardo L. Pascual concurred in the decision.
TAGS: #CA #Vhong Navarro #Cedric Lee # Deniece Cornejo