[TV host and comedian Ferdinand “Vhong” Navarro’s](https://mb.com.ph/2023/3/13/vhong-navarro-very-happy-with-sc-dismissal-of-rape-case-filed-against-him) liberty is now permanent after the Supreme Court (SC) dismissed the cases for rape and acts of lasciviousness filed by model Deniece Cornejo against him, according to his bail lawyer.  Cornejo accused Navarro of raping her in her condominium unit in Taguig on Jan. 17, 2014.  (From left) Deniece Cornejo, Vhong Navarro, and Cedric Lee (Photos: Jonathan Hicap, Instagram)
Last July, the Court of Appeals (CA) granted Cornejo’s petition for certiorari and ordered the Taguig Prosecutor’s Office to file cases of rape and acts of lasciviousness against Navarro. The complaints were filed on Aug. 31.  Navarro’s camp filed a petition for review with the Supreme Court seeking to reverse the CA decisions in July and denial of the TV host’s motion for reconsideration in September.  In a decision dated Feb. 8, the Supreme Court granted Navarro’s petition and reversed the rulings of the CA, finding that the Department of Justice did not commit grave abuse of discretion in dismissing Cornejo’s complaints against the TV host.  The Supreme Court also pointed out that Cornejo’s affidavits against the TV host were inconsistent.   The Supreme Court ruled that “accordingly, the Court dismisses the following Informations against Ferdinand ‘Vhong’ H. Navarro for lack of probable cause: (a) Rape by Sexual Intercourse under paragraph 1, Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353, in NPS Docket No. XVI-INV-16E-00174 pending before Branch 69, Regional Trial Court, Taguig City; and (b) Acts of Lasciviousness under Article 336 of the Revised Penal Code in NPS Docket No.XVI-INV-15J-00815 pending before Branch 116, Metropolitan Trial Court, Taguig City. So ordered.” With the SC decision, lawyer Mariglen Abraham-Garduque, who helped Navarro in his petition for bail, said Navarro is set to enjoy permanent liberty because of the SC decision.  “As a general rule, he can only enjoy permanent liberty after the trial of the cases in rape and acts of lasciviousness. But because of the ruling of the Supreme Court reversing the decision of the Court of Appeals, no need to try the cases anymore because the informations which contain the charges against him were considered dismissed by the Supreme Court,” she said.  She added that the SC ruling “is tantamount to acquittal and Deniece cannot file a motion for reconsideration against an acquittal. So this means permanent liberty for Vhong.”

Supreme Court decision

  In the decision, the Supreme Court said Navarro’s “petition is impressed with merit.” “The CA erred in finding that the DOJ committed grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing the Third Complaint for rape and attempted rape against Navarro for lack of probable cause,” it said.  The Supreme Court cited Cornejo’s inconsistent statements in her three affidavits she filed against Navarro.  “Justice and fair play dictate that Cornejo should not be permitted to materially change her theory in her two previous complaints in a deliberate attempt to address or rectify the weaknesses of her theories, as pointed out by the prosecutor in the dismissal thereof, or worse, supplant or add new material allegations,” it pointed out.  It added, “Contrary to the proposition of the CA, the inconsistencies in her [Cornejo’s] allegations are not trivial, minor, or inconsequential. Indeed, no amount of skillful or artful deportment, manner of speaking, or portrayal in a subsequent court proceeding could supplant Cornejo's manifestly inconsistent and highly deficient, doubtful, and unclear accounts of her supposed harrowing experience in the hands of Navarro.”  “Otherwise, she would be allowed to deliberately change, or worse concoct and fabricate theories in order to rectify the weakness of her accusations as pointed out by the prosecutors in the dismissal of her previous complaints. Under the circumstances, the CA simply had no basis to reverse the prosecutor's finding of lack of probable cause,” the Supreme Court ruled. 

Warrant of arrest

  Last Sept. 19, the Taguig RTC Branch 69 issued a non-bailable warrant of arrest against Navarro.  Before the non-bailable warrant of arrest was issued, Navarro went to the National Bureau of Investigation (NBI) in Quezon City to post his P36,000 bail for the case of acts of lasciviousness.  Deniece Cornejo leaves the Taguig of Hall of Justice on Nov. 7, 2022 after testifying against Vhong Navarro at his bail hearing at the Taguig Regional Trial Court Branch 69 (Jonathan Hicap)


Cedric Lee (left), accompanied by lawyer Howard Calleja, leaves the Taguig of Hall of Justice on Oct. 14. 2022 after testifying against Vhong Navarro at his bail hearing at the Taguig Regional Trial Court Branch 69 (Jonathan Hicap)
Vhong Navarro's lawyers Mariglen Abraham-Garduque (left) and Alma Mallonga at the Taguig Hall of Justice on Nov. 7, 2022 (Jonathan Hicap)
He was transferred to the NBI detention center in Manila on Sept. 20. On Nov. 21, he was transferred to the Taguig City Jail Male Dormitory.  During Navarro’s bail hearings at the Taguig court in October and November last year, Cornejo and Cedric Lee testified against him.  In a decision dated Dec. 5, the Taguig RTC Branch 69 granted Navarro’s petition for bail in the amount of P1 million.  In granting bail to Navarro, the court ruled that “viewed in light of all the foregoing, and taking the evidence presented in the bail hearings as a whole, this Court is not convinced at this point, that there exists a presumption great leading to the inference of the accused’s guilt.”  He was released from the Taguig City Jail on Dec. 6 and eventually returned as host of “It’s Showtime” on Jan. 17.  “The P1 million bail for the rape case and P36,000 bail for the acts of lasciviousness will be released in favor of Vhong because of the dismissal of the cases,” said Abraham-Garduque.  Alma Mallonga, Navarro’s lead counsel, said on March 13 that they are carefully studying the SC decision to decide what legal actions to take. 

Manila Bulletin

 reached out to Howard Calleja, Cornejo’s lawyer, regarding the SC decision but he did not respond as of this writing.