CA junks Vhong Navarro’s motion for reconsideration in Cornejo rape case

MANILA, Philippines – The Court of Appeals (CA) on Sunday, September 25, junked actor Vhong Navarro’s motion to reconsider its order to the Department of Justice (DOJ) to file rape by sexual intercourse and acts of lasciviousness charges against him.

It can be recalled that in July 21, the CA reversed and set aside the DOJ’s previous resolutions from 2018 and 2020, which dismissed model Deniece Cornejo’s 2014 complaint accusing Navarro of attempted rape. 

Navarro’s motion for reconsideration accused the CA of “unwarranted interference,” and claimed that the charges against him had already been correctly dismissed, and that Cornejo had not provided any new evidence to bolster her accusation.

Navarro contended that the DOJ’s earlier dismissals constituted res judicata – a legal principle in which a party is barred from raising an issue or presenting evidence on a fact that has already been judicially tried and decided. He also requested for a status quo ante order, stating his his right to due process and to exhaust all legal remedies available to him pending the resolution of his motion for reconsideration.

In its junking of the motion, the CA insisted that “judicial review is permitted where it is established that the public prosecutor committed grave abuse of discretion.” It also refuted Navarro’s claim of res judicata as the DOJ’s dismissal of the complaints were not rendered by a court and could not be considered judgments on the merits.   

Navarro had surrendered to the National Bureau of Investigation (NBI) on September 20 after the court ordered his arrest in connection with the case. He remains in the NBI’s detention facility in Manila. – Rappler.com