THE Court of Appeals has directed the Taguig city prosecutor’s office to file rape and acts of lasciviousness cases against television host and actor Ferdinand “Vhong” Navarro after it reversed the 2018 and 2020 resolution of the Department of Justice junking said cases filed by model Deniece Cornejo.
The appellate court’s July 21, 2022 decision penned by Associate Justice Florencio Mamauag Jr. ruled it was “erroneous” for the DOJ to deny Cornejo’s petition for review of its assailed resolution on the ground that her statements in the complaint-affidavits were inconsistent and incredible.
Associate Justices Victoria Isabel Paredes and Mary Charlene Hernandez-Azura concurred with the ponente.
“Issues of credibility should be adjudged during the trial process. It goes without saying that it is the trial court that has the unique power and position to observe the witness’ deportment, manner of testifying, gesture, emphasis and inflection of voice,” read the CA ruling.
“Besides, we cannot ignore the on-ground reality that an affidavit is oftentimes incomplete,” it added.
The appellate court also said that a reading of the third complaint of Cornejo showed that all elements of rape by sexual intercourse were “sufficiently alleged therein.”
“Cornejo’s claim that she initially managed to escape Navarro’s unwanted advances, but he caught up with her to further his perverse objective satisfies the element of force and intimidation. The element of carnal knowledge is likewise present when she sufficiently alleged that he successfully inserted his fingers in her vagina before proceeding to satiate his lust by forcing his penis in her vagina after she struggled with him as he mashed her breasts and tried to remove her shorts,” the CA added.
The appellate court stressed that it would ultimately be up to the trial court to determine who between Navarro and Cornejo speaks the truth.
“Cornejo decries attempted rape on the night of January 22, 2014 while Navarro denies any wrongdoing. We reiterate once more that the preliminary investigation is not the proper venue on the respondent’s guilt or innocence,” the CA said.
Finally, the CA said that the admissibility or inadmissibility of the parties’ evidence should be ventilated before the trial court during the trial proper and not in the preliminary investigation.
“There need not be an inquiry into whether there is sufficient evidence to procure a conviction. What is merely required is probability of guilt, the determination of which does not call for the application of rules or standards of proof that a judgment of conviction requires after trial on merits,” it ruled.
To recall, the DOJ denied Cornejo’s petition for review that sought a reversal of its resolution which stated that there was not enough evidence to charge Navarro in court.
Cornejo has accused Navarro of two counts of rape by sexual intercourse and by sexual assault.
The DOJ in its assailed resolution said Cornejo’s accounts “suffers from a very serious credibility issue.”
On her first complaint against Navarro, Cornejo said he pinned her down, touched her private parts but when he was about to rape her, her friends arrived at her condominium unit in Taguig city.
On the second complaint on the same date, Jan.22, 2014, Cornejo alleged she was drugged so that Navarro had managed to rape her.
Both of her first and second complaints have been dismissed.
On her third complaint, she said she allowed Navarro and some of her friends to visit her at her condominium unit on Jan. 17, 2014. Navarro, she alleged, arrived with a bottle of wine, while her other friends did not come.
She then asked Navarro to leave but she felt dizzy from the wine and her legs and arms became weak.
