Case Digest (G.R. No. 188364)
Facts:
In G.R. No. 263329 decided on February 8, 2023, Ferdinand “Vhong” H. Navarro (petitioner) sought review on certiorari of the Court of Appeals’ July 21, 2022 Decision and September 20, 2022 Resolution reversing two Department of Justice (DOJ) Resolutions (April 30, 2018 and July 14, 2020) that dismissed for lack of probable cause three rape‐related complaints filed by Deniece Milinette Cornejo against Navarro. Cornejo’s First Complaint (Jan. 29, 2014) and Second Complaint (Feb. 27, 2014) alleged rape incidents on January 17 and 22, 2014 under Article 266-A of the Revised Penal Code (RPC), as amended by RA 9262, while her Third Complaint (Oct. 16, 2015) charged rape and attempted rape for the same dates. The DOJ panel dismissed the First and Second Complaints, finding Cornejo’s narrative inconsistent and physically implausible. On review, OIC-Prosecutor General Gaá Jr. likewise dismissed the Third Complaint for want of probable cause, pointing to material contradictions in Cornejo...Case Digest (G.R. No. 188364)
Facts:
- Parties and Proceedings
- Petitioner Ferdinand “Vhong” H. Navarro seeks review of the CA’s July 21, 2022 Decision and September 20, 2022 Resolution in CA-G.R. SP No. 166222, which reversed DOJ dismissals and ordered rape and lasciviousness charges.
- Respondents are Deniece Milinette Cornejo (private complainant), the Secretary of Justice, and the City Prosecutor of Taguig City.
- Chronology of Complaints and Resolutions
- Cornejo filed three criminal complaints against Navarro:
- First Complaint (Jan 29, 2014; NPS XV-16-INV-14A-00096) for rape (Art. 266-A RPC in relation to RA 9262).
- Second Complaint (Feb 27, 2014; NPS XV-16-INV-14B-00190) for rape (same statute).
- Third Complaint (Oct 16, 2015; NPS XVI-INV-16E-00174 & XVI-INV-15J-00815) for rape and attempted rape.
- Dismissals for lack of probable cause:
- First Complaint: DOJ panel’s Consolidated Resolution (Apr 4, 2014).
- Second Complaint: OCP Taguig Resolution (July 4, 2014).
- Third Complaint: OIC-Prosecutor General Review Resolution (Sept 6, 2017).
- Cornejo’s petitions for review with DOJ:
- Denied in DOJ Resolutions dated April 30, 2018 and July 14, 2020.
- Elevated to the CA via certiorari, leading to the CA’s reversal.
- CA Ruling and Subsequent Events
- CA held that DOJ gravely abused discretion by assessing credibility and inconsistencies at the preliminary investigation stage.
- CA directed OCP Taguig to file:
- Information for Rape by Sexual Intercourse (Art. 266-A RPC, as amended).
- Information for Acts of Lasciviousness (Art. 336 RPC).
- Petition for review on certiorari filed in the Supreme Court, praying for reversal of the CA and reinstatement of DOJ dismissals; also sought injunctive relief to halt trial courts from proceeding.
Issues:
- Primary Issue
- Whether the Court of Appeals erred in holding that the DOJ committed grave abuse of discretion in affirming the dismissal of Cornejo’s Third Complaint for lack of probable cause.
- Subsidiary Consideration
- Whether a prosecutor may lawfully assess inconsistencies in a complainant’s narratives at the preliminary investigation stage without impermissibly encroaching upon credibility determinations reserved for trial.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)