The Court of Appeals (CA) has dismissed the petition of actor and television host Ferdinand “Vhong” H. Navarro who challenged the ruling of the Taguig City regional trial court (RTC) that junked the grave coercion case he filed against Sajed Fernandez, alias “Jed Fernandez.”
The RTC reversed the decision of the metropolitan trial court (MeTC) which found Fernandez guilty of grave coercion and imposed a prison term of six months to three years.
The grave coercion case is related to the incident on Jan. 22, 2014 in involving Navarro and the group of Deniece Millinette Cornejo, Ceric Cua Lee, Bernice Lee, Simeon Palma Raz Jr., Jose Paolo Gregorio A. Calma, Fernandez, and Ferdinand Guerrero.
Navarro claimed he was “brutalized” by the group of Cornejo at the latter's condominium unit in Taguig City. He alleged he was hogtied, blindfolded, gagged, beaten up, kicked, threatened, a gun was pointed at him, humiliated as his private parts were videotaped, and coerced to confess that he raped Cornejo.
He also claimed he was brought by Cornejo’s group to the Southern Police District where he signed the police blotter under threat and intimidation employed by the group of Cornejo.
The incidents led Navarro to charge Cornejo and her group with grave coercion before the MeTC of Taguig City in a criminal charge sheet dated April 4, 2014.
The MeTC granted the demurrer to evidence filed by Raz and Calma and, in effect, acquitted them of the charges.
On July 27, 2018, the MeTC rendered its decision that found Cornejo Lee, and Fernandez guilty of grave coercion. Bernice Lee was acquitted. Cornejo, Lee and Fernandez appealed the ruling before the RTC.
In a decision on July 31, 2019, the RTC dismissed the appeal of Cornejo and Lee. However, it granted the appeal of Fernandez who was acquitted of the charges.
Navarro challenged the RTC’s decision before the CA insofar as Fernandez’s case is concerned. It was not known immediately what course of action Cornejo and Cedric Lee took based on the RTC decision.
In dismissing Navarro’s petition, the CA said:
“Navarro has no personality or legal standing to file the present Petition inasmuch as the purpose for its filing is solely to question the judgment of acquittal of Fernandez as having been rendered with grave abuse of discretion on the part of the public respondent Judge (Judge Marivic C. Vitor).
“To stress... the Supreme Court emphasized that it is the OSG (Office of the Solicitor General) which possesses the requisite authority to represent the People in an appeal on the criminal aspect of a case. The OSG is the law office of the Government whose specific powers and functions include that of representing the Republic and/or the People before any court in any action which affects the welfare of the people as the ends of justice may require.
“The private complainant or the offended party may, however, file an appeal without the intervention of the OSG but only insofar as the civil liability of the accused is concerned. He may also file a special civil action for certiorari even without the intervention of the OSG, but only to the end of preserving his interest in the civil aspect of the case.
“Obviously, Navarro filed the present case, not with the end of preserving his interest in the civil aspect of the case..., but to seek relief in a criminal case without the conformity of or authority, however, from the OSG. In view of the above-discussed principles, Navarro's recourse, must necessarily fail.
“The judgment of acquittal is unappealable Viewed from another perspective, the judgment of acquittal is final, unappealable, and immediately executory. The fundamental philosophy behind the principle is to afford the defendant, who has been acquitted, final repose and to safeguard him from government oppression through the abuse of criminal processes.
“Notwithstanding, the Supreme Court held (in another decision) that like any other rule, the finality-of-acquittal rule is not absolute. By way of exception, a judgment of acquittal in a criminal case may be assailed in a petition for certiorari under Rule 65 of the Rules of Court upon clear showing by the petitioner that the lower court, in acquitting the accused, committed not merely reversible errors of judgment but also grave abuse of discretion amounting to lack or excess of jurisdiction or a denial of due process, thus rendering the assailed judgment void.
“Evidently, no such grave abuse of discretion may be attributed to the public respondent Judge.
“Verily, insofar as Fernandez is concerned, there is no evidence, testimonial or otherwise, that could sway Us to believe that he performed any specific overt act in the commission of the crime of Grave Coercion.
“In vain hope to make this case as an exception against the double jeopardy proscription, Navarro claims that the trial court committed mistrial resulting in a denial of due process. We are unconvinced.
“Navarro failed to show that the public respondent Judge hampered the prosecution's evidence in any way.
“On the contrary, the records reveal that Navarro and all the accused were not denied the opportunity to be heard as they were required to file their appeal memorandum
“Navarro cannot feign denial of due process where he had been afforded the opportunity to be heard by the RTC.
“All told, We find no cogent reason to reverse the assailed Judgment of the RTC. WHEREFORE, in view of the above reasons, the Petition for Certiorari is DISMISSED. SO ORDERED.”
The decision, which was made public last Nov. 11, was written by Associate Justice Carlito B. Calpatura with the concurrence of Associate Justices Pedro B. Corales and Roberto P. Quiroz.
Related in the grave coercion case were the rape and acts of lasciviousness cases filed by Cornejo against Navarro. The rape case against Navarro is pending with the Taguig City RTC Branch 69, while the act of lasciviousness case is with Branch 116 of the city’s MeTC.
Cornejo’s complaints had been dismissed both by the prosecutor’s office and the Department of Justice (DOJ).
However, on Cornejo’s petition, the DOJ’s resolution was reversed by the CA which ordered the filing of the criminal charges against Navarro.
The RTC had ordered the transfer of Navarro to the Taguig City jail from the NBI detention facility in Manila where he surrendered after his arrest was issued on the rape charge.
TAGS: #Vhong Navarro #Deniece Cornejo