THE Taguig prosecutor’s office has been ordered by the Court of Appeals (CA) to file charges of
rape and acts of lasciviousness against actor and television host Ferdinand “Vhong” Navarro for allegedly sexually abusing model Deniece Milinette Cornejo in 2014.
In a 26-page decision, the CA’s 14th Division granted the petition for review filed by Cornejo and reversed and set aside the resolutions promulgated by the Department of Justice (DOJ) on April 30, 2018 and July 14, 2020.
The ruling was penned by CA Associate Justice Florencio Mamauag Jr. with Associate Justices Victoria Isabel Paredes and Mary Charlene Hernandez-Azura concurring.
“It was erroneous for the DOJ to deny Cornejo’s petition for review on the ground that her statements in the complaint-affidavits are inconsistent and incredible. In this regard, it bears to stress that the determination of probable cause does not depend on the validity or merits of a party’s accusation or defense or on the admissibility or veracity of testimonies presented,” the CA said.
The appellate court said that the matter of determining who is telling the truth would be revealed during the trial proper.
“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. “However artful a corrupt witness may be, there is generally, under the pressure of a skillful cross-examination, something in his manner or bearing on the stand that betrays him, and thereby destroys the force of his testimony.”
The CA justices also pointed out the “on-the-ground” reality that an affidavit is often incomplete.
There are even instances when during the taking of the affidavit, words may have been put in the affiant’s mouth, thus leading to discrepancies between the affidavit and the statement given when the person is placed on the witness stand, they said.
There is no need for sufficient evidence to procure a conviction, the CA said. “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 the merits. It is enough that it is believed that the act or omission complained of constitutes the offense charged. Precisely, there is a trial for the reception of evidence of the prosecution in support of the charge.”
Cornejo filed three separate complaints against Navarro before the OCP Taguig.
