DOJ will abide by the CA’s order to file charges against Vhong Navarro for cases of rape and acts of lasciviousness before a trial court.
The Department of Justice (DOJ) said that it would abide by the order issued by the Court of Appeals (CA) to file charges of rape and acts of lasciviousness before a trial court against television host and actor Ferdinand “Vhong” Navarro, the Business Mirror published
“We will obey the courts,” Justice Secretary Jesus Crispin Remulla said
Last July 31, the CA’s 14th Division reversed the decision of the DOJ on April 30, 2018, and July 14, 2020, to dismiss the complaint filed by model Deniece Cornejo in 2014 against Navarro for attempted rape. The CA adjudged that the DOJ should have allowed the trial court to decide the merit of Cornejo’s claim and Navarro’s counterclaim.
Thus, CA directed the Prosecutor of Taguig City to file information against Navarro for rape by sexual intercourse under Article 266-A of the Revised Penal Code (RPC), as amended by Republic Act No. 8353, and acts of lasciviousness, instead of attempted rape.
The court said that it was “erroneous” for the DOJ to deny Cornejo’s petition for review of its assailed resolution on the ground and that her statements in the complaint-affidavits are inconsistent and incredible. Additionally, CA said that it would be up to the court to determine who is telling the truth during a proper trial.
“Given the peculiar nature of rape, it almost always presents a ‘he said, she said’ scenario which leaves the trial court the task to decide whom between the private complainant or the accused should it believe,” the CA said. “Issues of credibility should be adjudged during the trial proper. It goes without saying that it is the trial court that has the unique power and position to observe the witnesses’ deportment, manner of testifying, emphasis, gesture, and inflection of the voice, all of which are potent aids in ascertaining the witnesses’ credibility,” it added
Lawyer Ferdinand Topacio of the Citizens’ Crime Watch (CCW), who is also Cornejo’s former lawyer, welcomed the CA’s decision and assured them that the CCW will continue to support and get justice for Cornejo.
“We in the Citizens’ Crime Watch have never wavered in our belief that Ms. Cornejo was the innocent party, and that she was a victim two times over: first, of sexual assault, and later by trial by publicity wherein she was painted as the culprit, and Mr. Navarro as the innocent victim. Mercifully, after all these years, such doublespeak was proven untrue, and Ms. Cornejo now stands vindicated,” Topacio stated ““As always, we have always believed in the justice system, and we continue to stand staunchly behind Ms. Cornejo in her long, painful journey to seek the truth and expose the lies against her for all to see,” he added.
Topacio also added that when Cornejo was his client, he helped her obtain provisional liberty after she was charged with serious illegal detention by Navarro.
Meanwhile, Navarro's camp said it expects to file a motion for reconsideration of the CA’s decision.
Tags: #DOJ, #CA, #Justice, #Rape, #ActsOfLascivousness