Lawyer Ferdinand Topacio, part of the legal team of model Deniece Cornejo, lauded the transfer of detained TV host and comedian Ferdinand “Vhong” Navarro to the Taguig City Jail.
Navarro was transferred from the National Bureau of Investigation (NBI) detention center in Manila to the Taguig City Jail on Nov. 21 based on the commitment order of the Taguig Regional Trial Court Branch 69, which is handling the rape case filed against him by Cornejo.
Topacio said Navarro’s transfer to Taguig jail was long overdue.
“Napapanahon na talaga yan sapagkat dapat iyan noon pa nailipat. Sapagkat ayon nga sa ating reglamyentos sa criminal procedure, ang isang taong nasasakdal at naglilitis ng kasong kriminal, ay dapat nakapiit dun sa lugar na pinakamalapit dun sa hukuman kung saan dinidinig ang kanyang kaso, kung saan may hurisdiksiyon yung hukuman na naglilitis sa kayang kaso. (It is really timely because he should have been transferred earlier. Based on our regulations on criminal procedure, a person who is accused and being tried for a criminal case should be detained in the area nearest to the court where his case is being heard and where the court, which is trying the case, has jurisdiction),” Topacio told Manila Bulletin on Nov. 21.
He said this is the case of Navarro, who is accused of allegedly raping Cornejo on Jan. 17, 2014 in her condominium unit in Taguig.
“At iyan po ay sitwasyon naman talaga ni Ginoong Navarro. Ang NBI po ay hindi piitan para sa mga detention prisoners. Ang detention facility po ng NBI ay pansamantala lamang sa mga taong nahuhuli in flagrante delicto o mga sumusuko katulad ni Ginoong Navarro, pansamantalang pwedeng ipiit doon (And that is the situation of Mr. Navarro. The NBI is not a jail for detention prisoners. The detention facility of the NBI is temporary only for those people caught in flagrante delicto or those who surrender like Mr. Navarro, who can be temporarily detained there),” he said.
Topacio said the NBI facility is not for long term detainees.
“Ngunit hindi po intensiyon noong facilities na iyon na magkaroon ng long term na mga detainees doon unless required by law sa ibang mga kaso katulad ng under witness protection (But it is not the intention of those facilities to have long term detainees unless required by law in other cases like under witness protection),” he explained.
“Nabigyan na naman siya ng pagkakataon na sabihin kung bakit hindi siya dapat ilipat at ibinigay niya ang kaso sa hukuman at sinabi ng hukuman na hindi sapat ‘yung mga ibinigay niyang mga dahilan para siya ay huwag ilipat sa Taguig City Jail (He was given the chance to tell why he should not be transferred and he gave the case to the court, and the court said his reasons were not enough),” he said.
Last Sept. 29, Presiding Judge Loralie Cruz-Datahan of the Taguig RTC Branch 69 issued an order denying Navarro’s urgent motion for the NBI to retain his custody.
“After a thorough consideration of the arguments of both the prosecution and the defense, the Court finds that accused was not able to justify the need for his continued detention at the NBI facility,” the Taguig court ruled.
The decision stated that “it must also be emphasized that the city jail is mandated to exercise great care so that the human rights of the prisoners are respected and protected. Thus, in the absence of any evidence to the contrary, the presumption of regularity in the performance of duties by the jail personnel prevails.”
“Wherefore, premises considered, the Urgent Motion for the National Bureau of Investigation to Retain Custody Over the Person of the Accused is hereby denied for lack of merit,” the court ruled.
Navarro filed a petition for bail with the Taguig court for his provisional liberty. The court has yet to issue a decision on his bail.
The camp of Cornejo earlier filed a motion asking the Taguig court to immediately transfer Navarro to the Taguig City Jail, saying he “should not be treated any differently.”
The Taguig City Prosecutor’s Office filed cases for rape and acts of lasciviousness against Navarro in August based on the complaints of Cornejo.
The Court of Appeals (CA) ordered the prosecutor’s office to file the cases against the TV host in a decision in July that ruled in favor of Cornejo’s request to review the complaints she filed against him.