THE Court of Appeals (CA) has denied actor Vhong Navarro’s appeal to reconsider its decision allowing Department of Justice (DOJ) to file rape and acts of lasciviousness cases against him on complaints by model-stylist Deniece Cornejo.
In a seven-page resolution promulgated on September 20 and signed by Associate Justice Florencio Mamauag Jr., the CA Special 14th Division rejected Navarro’s motion for
reconsideration and motion for the issuance of a status quo ante order due to “lack of merit.”
The plea was in relation to the appellate court’s July 21 decision, ordering the City Prosecutor of Taguig City to file the charges after the CA reversed and set aside the resolutions issued by the DOJ on April 30, 2018, and July 14, 2020.
“[T]he issues raised by Navarro in his motion, i.e., the parties’ credibility, the truthfulness of their respective claims and the strength of their evidence, are matters best left to the determination of the trial court after a full-blown trial on the merits,” the resolution reads.
“We reiterate once more that preliminary investigation is merely inquisitorial. 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. While the fiscal makes that determination, he cannot be said to be acting as a quasi-court, for it is the courts, ultimately, that pass judgment on the accused, not the fiscal,” it added.
In denying Navarro’s prayer for issuance of status quo ante order, the CA further argued that his case does not fall under any of the recognized exceptions for granting the petition.
Navarro is currently under the custody of the National Bureau of Investigation (NBI) after the Taguig Regional Trial Court handed down a warrant for his arrest for the non-bailable charge of rape.
On September 19, he surrendered to the NBI and posted bail after the court issued a warrant of arrest against him for alleged acts of lasciviousness.
