CA denies Navarro’s motion for reconsideration saying that the topics are best left to the judgement of a trial court.
The Court of Appeals (CA) denied the motion for reconsideration filed by actor and host Vhong Navarro in its order to the Department of Justice (DoJ) to file rape and acts of lasciviousness cases against him on complaints by model Deniece Cornejo.
Navarro indicated in his motion for reconsideration that there are various difficulties with the complainant's integrity, the authenticity of their assertions, and the strength of their evidence.
“It is not a trial of the case on the merits and has no purpose except that of determining whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof,” Yahoo News quoted CA.
The 14th division of the CA noted in a resolution dated September 20 but only made public on September 25 that the problems highlighted by Navarro "are topics best left to the judgement of the trial court after a full-fledged trial on the merits."
On September 25, Navarro contended that the DoJ's previous dismissals constituted res judicata, a legal principle that prohibits a party from raising an issue or presenting evidence on a fact that has previously been tried and determined by a court of law. He also requested a status quo ante order, citing his right to due process and pledging to exhaust all legal remedies available to him.
However, the CA denied the status quo ante appeal saying that “judicial review is permitted where it is established that the public prosecutor committed grave abuse of discretion.” It also denied Navarro’s res judicata because the DOJ's rejection of the complaints was not made by a court and could not be deemed merits decisions.
Prosecutors Side
Meanwhile, Atty. Ferdinand Topacio, Cornejo's lawyer, lauded the CA’s decision as it can be considered a victory for their camp.
“It is once again a signal victory for our crusade for truth and justice to prevail. As we have always said, let the court decide in a full-blown trial,” Topacio said in a report by Manila Bulletin.
On September 19, Navarro surrendered to the NBI after Branch 116 of the Metropolitan Trial Court of Taguig City issued an arrest warrant for acts of lasciviousness, and he was able to post bail of P36,000.
However, Taguig Regional Trial Court Branch 69 Presiding Judge Loralie Cruz Datahan issued another arrest warrant for rape by sexual intercourse, which constituted a non-bailable felony under Article 266-A (1) of the Revised Penal Code, as amended by The Anti Rape Law of 1997.
The battle between Navarro and Cornejo is still not over even after 8 years and will only end until the final order in a full-blown trial.
Tags: #CA, #Navarro, #Justice, #Arrest, #TrialCourt