By Alec Go
The Supreme Court (SC) dismissed the rape and acts of lasciviousness charges against actor Vhong Navarro in a decision released to the public on Monday, March 13.
The SC’s third division cited the lack of probable cause on the decision.
“Having determined that the DOJ committed no grave abuse of discretion in affirming the finding of lack of probable cause against Navarro, the Court, in the interest of justice and fair play, is constrained to dismiss the subject Informations against him,” part of the decision read.
It also noted several inconsistencies in Deniece Cornejo’s statements.
In her first complaint-affidavit on Jan. 29, 2014, Cornejo said she was not raped. This was changed on her second complaint when she said she was raped.
Another change was made on her third complaint when she said she was drugged and was eventually raped.
“Indeed, the noted inconsistencies in all three complaints reveal Comejo’s highly deficient, unclear, and doubtful accounts of her purported harrowing experience in the hands of Navarro,” said the SC.
“The CA [Court of Appeals], however, faulted the prosecutor with error in relying on the inconsistencies, opening that these already touched on the issue of her credibility,” it added.
The CA’s decision on July 21 and resolution on September 20 last year have been “reversed and set aside.”
The CA last year granted Cornejo’s petition for certiorari, reversing and setting aside the Department of Justice’s resolutions, and ordering the Taguig City Prosecutor to file information against Navarro.
The SC said the CA “gravely erred” and Cornejo’s allegations’ inconsistencies “are not trivial, minor, or inconsequential.”
With this decision, Navarro is free from the charges of Rape by Sexual Intercourse under paragraph 1, Article 266-A of the Revised Penal Code as amended by Republic Act No. 8353, and Acts of Lasciviousness under Article 336 of the Revised Penal Code. With reports from Louisa Erispe – gb