Navarro spending Yule out of jail
This Court is not convinced at this point, that there exists a presumption leading to the inference of the accused’s guilt
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This Court is not convinced at this point, that there exists a presumption leading to the inference of the accused’s guilt
Comedian and television host Ferdinand "Vhong" Navarro will spend Christmas and New Year with his family after all after the Taguig City Regional Trial Court allowed him to post bail on rape charges filed by model-actress Deniece Cornejo.
In a 21-page order, Taguig RTC Branch 69 Presiding Judge Loralie Cruz Datahan held that the evidence presented by the prosecution in the bail hearings are too weak to warrant his continued detention pending trial of the case.
Rape, under Article 266-A of the Revives Penal Code as amended by Republic Act 8353 (An Act Expanding the Definition of the Crime of Rape, Reclassifying the same as a Crime Against Persons…) is a non-bailable, offense but the court may grant bail if the prosecution's evidence is weak.
With the granting of the petition Navarro was ordered by the court to post a bond of P1 million for his provisional liberty.
Judge Datahan pointed out the inconsistencies in Cornejo's complaint affidavits and testimony in granting Navarro's bail petition.
"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 leading to the inference of the accused's guilt," Judge Datahan said.
Last 19 September, Judge Datahan issued a warrant of arrest against Navarro following the filing of rape charges by the Department of Justice in compliance with the decision of the Court of Appeals issued on 21 July 2022.
The CA's Fourteenth Division reversed and set aside the 30 April 2018 and 14 July 2020 resolutions of the Department of Justice dismissing the complaint filed by model Cornejo in 2014 against Navarro for alleged rape and attempted rape.
The appellate court directed the DoJ to file rape and acts of lasciviousness charges against the comedian-television host.
Different versions
Judge Datahan noted that in her three complainant-affidavits executed 29 January 2014, 7 February 2014, and 16 October 2015, different versions were given by Cornejo of the incident that allegedly took place in her condominium unit in January 2014.
"While in the first and second affidavits there is no mention of any rape that happened on 17 January 2014, the complainant would, in the third affidavit executed more than a year after the incident, narrate in detail how accused supposedly raped her," the trial court noted.
The trial court noted that while Cornejo claims to have been drugged by Navarro, she admitted that she was not sure about it during her testimony.
"Indeed, the notable inconsistencies in the testimony of the private complainant could not be simply brushed aside, considering that these delve into the elements of the offense charged," the decision dated 5 December said.
It further said it is not convinced that Cornejo was scared to report the first alleged rape incident on 17 January 2014 but not scared to report the alleged second incident on 22 January 2014 involving Navarro.
The court also pointed out that Cornejo's conduct immediately after the alleged assault, according to the court, was inconsistent with her claim of trauma, "and outside the reasonable expectations for someone who just underwent a painful order."
The trial court noted Cornejo admitted sending text messages to Navarro after the alleged incident.
It noted that the complainant also did not find anything wrong in preening at herself and giggling while inside an elevator after supposedly having been raped.
"It also bears to reiterate that the testimony of the victim alone is enough to convict a person of rape. However, this comes with the caveat that such testimony should be subjected to greater scrutiny to ferret out the truth," the court said, adding that it is where the inconsistencies in Cornejo's account surfaced.
Navarro thanked the Taguig court for granting his petition. His counsel, Atty. Alma Mallonga said his client is very happy and grateful that he was granted bail.
"His family, his friends, his legal team and all those who supported and believed in him throughout his ordeal certainly share his happiness in this wonderful development," she said.
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