PROSECUTOR-General Benedicto Malcontento on Wednesday said it would be up to the Office of the City Prosecutor (OCP) in Taguig to decide when to file the rape and acts of lasciviousness charges against television host and actor Ferdinand “Vhong” Navarro.
“OCP Taguig has a free hand. You will know their course of action soon,” Malcontento said when asked if the OCP will filed the case immediately or will wait for the Court of Appeals to resolve the motion for reconsideration to be filed by Navarro’s camp.
It can be recalled that the CA’s Fourteenth Division issued last July 21, 2022 a decision directing the City Prosecutor of Taguig City to file rape by sexual intercourse and acts of lasciviousness charges against Navarro in connection with the 2014 incidents that involved actress-model Deniece Cornejo.
In the said July 21 decision, the CA overturned the 2018 and 2020 resolutions of the DOJ dismissing the complaint filed by Cornejo against Navarro.
It held that it was “erroneous” for the DOJ to junk Cornejo’s petition for review on the ground that her statements in the complaint-affidavits are inconsistent and incredible.
The CA said the DOJ should have allowed the case to be tried before a court, where both parties can present evidence and counter-evidence to support their claims.
The appellate court stressed that it would ultimately be up to the trial court to determine who between Navarro and Cornejo speaks the truth.
Cornejo’s camp has filed a motion before OCP seeking the immediate filing of the rape and acts of lasciviousness charges against Navarro.
DOJ spokesman, lawyer Mico Clavano reiterated that the justice department has no other option but to abided by the CA ruling.
“We will have to comply with the court’s order to file the information in court. We have to respect the court’s decision to overturn our resolution as they are a co-equal branch of government,” Clavano said.