Metro Manila (CNN Philippines, August 1) — The Court of Appeals has ordered the filing of rape and acts of lasciviousness charges against TV host and actor Vhong Navarro related to the 2014 incident involving model-stylist Deniece Cornejo.
CA’s 14th Division reversed the decision of the Department of Justice in 2018 and 2020 to dismiss the complaints filed by Cornejo in 2014 accusing Navarro of attempted rape.
DOJ previously ruled that the rape complaints lacked probable cause. In junking the first complaint, DOJ prosecutors said there were “major inconsistencies” in her complaint-affidavits. In the second one, DOJ denied it for “appearing that the sexual encounter between Cornejo and Navarro was consensual.”
CA, in a decision released to the media on July 31, said 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. It said the preliminary investigation conducted by DOJ is not the venue to determine who is guilty or innocent.
It stressed that issues of credibility should be adjudged during the trial proper.
“Ultimately, it falls upon the trial court to determine who between Navarro and Cornejo speaks the truth. Cornejo decries attempted rape on the night of January 22, 2014 while Navarro denies any wrongdoing on his part,” it said.
The court also took note of Navarro’s own admission that he and Cornejo had consensual oral sex on January 17, 2014.
“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,” it said.
CA directed the City Prosecutor of Taguig City to file rape by sexual intercourse and acts of lasciviousness charges against Navarro, one of the hosts of noontime variety show “It’s Showtime.”
It also downgraded the second complaint from attempted rape to acts of laciviousness. Meanwhile, the third complaint was junked because there was no proof of intent to penetrate.
The incident blew up in public in early 2014 after Cornejo in her affidavit accused Navarro of raping her on January 17 and 22, 2014.
It was on the second night that Navarro was mauled by the group of businessman Cedric Lee after allegedly catching Navarro attempting to rape Cornejo, leaving the actor with multiple injuries.
Navarro alleged he was attacked and was a victim of extortion by Cornejo, Lee, and their other friends.
