THE Regional Trial Court (RTC) of Taguig City yesterday granted the bail petition filed by comedian and television host Ferdinand “Vhong” Navarro in connection with the rape case filed against him 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.
Navarro was ordered by the court to post a bond of P1 million for his provisional liberty.
Judge Datahan pointed out the consistencies 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 great leading to the inference of the accused’s guilt,” Judge Datahan said.
Last September 19, Judge Datahan issued a warrant of arrest against Navarro following the filing of rape charges by the Department of Justice (DOJ) in compliance with the decision of the Court of Appeals issued on July 21, 2022.
In the said decision, the CA’s Fourteenth Division reversed and set aside the April 30, 2018 and July 14, 2020 resolutions of the Department of Justice dismissing the complaint filed by model Cornejo in 2014 against Navarro for alleged rape and attempted rape.
Instead, the appellate court directed the DOJ to file rape and acts of lasciviousness charges against the comedian-television host.
Judge Datahan noted that in her three complainant-affidavits executed January 29, 2014, February 27, 2014, and October 16, 2015, Cornejo gave different versions 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 raped that happened on January 17, 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.
Furthermore, 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 court’s decision dated December 5 said.
The court further said it is not convinced with Cornejo was scared to report the first alleged rape incident on January 17, 2014 but not scared to report the alleged second incident on January 22, 2014 involving Navarro.
The trial 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 elevate 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.
“The information in this case alleges that accused had carnal knowledge with the complainant through force, threat and intimidation, and by purposely intoxicating the victim,” the trial court noted.
“In her testimony, however, complainant confirmed that accused had no weapon with him at that time, and that she had not been threatened or intimidated by the former, nor was she beaten up by the accused,” it added. “With this, the evidence so far presented failed to establish the material allegations in the Information,” the court added.
Aside from the rape case, Navarro is also facing acts of lasciviousness case before the Taguig metropolitan trial court also filed by Cornejo.