Navarro camp welcomes denied bail petition appeal

The conformity of the public prosecutor is a basic procedural requirement in all the pleadings to be filed by the prosecution, since the lawyer of the plaintiff, which is the people of the Philippines is the public prosecutor.

The camp of embattled TV host Ferdinand “Vhong” Navarro on Friday welcomed the decision of the Taguig Regional Trial Court Branch 69 which dismissed the petition of model Deniece Cornejo to cancel the actor’s grant of bail.

Taguig RTC Branch 69 presiding Judge Loralie Cruz Datahan previously junked the petition filed by Cornejo’s camp seeking to withdraw the bail grant of Navarro, who was charged with rape.

Navarro’s collaborating counsel Atty. Mariglen Abraham-Garduque expressed relief on the Taguig court’s decision.

“We are very happy with the resolution of the court on the motion,” Garduque said.

To recall, Navarro’s legal counsel stressed that the motion should not be acted upon because it has no notice of hearing which is required in a litigated motion such as the motion for reconsideration.

Garduque added that it has no conformity of the public prosecutor.

“The conformity of the public prosecutor is a basic procedural requirement in all the pleadings to be filed by the prosecution, since the lawyer of the plaintiff, which is the people of the Philippines is the public prosecutor,” Garduque said.

The private complainant — which is the alleged victim — is merely treated as a witness of the people of the Philippines.

With the period of filing the motion for reconsideration already lapsed, Cornejo can no longer file another motion for reconsideration to question the grant of bail by the court to Navarro.

The rape trial of Navarro will start on 16 February at the Taguig RTC Branch 69.

To recall, Cornejo appealed the decision and filed a motion for reconsideration with a motion to inhibit from handling the rape case through her lawyers on 19 December.

The Taguig RTC on 5 December 2022 granted Navarro’s petition for bail and was subsequently released from the Taguig City Jail Male Dormitory on 6 December after posting a P1 million bail set by the court.

On 12 January 2023 the court dismissed Cornejo’s motion for reconsideration with motion to inhibit after it was found out that the appeal was filed without the approval of the Taguig City Prosecutor’s Office.

“At the outset, a perusal of the instant motion readily reveals the absence of any conformity from the Office of the City Prosecutor of Taguig City. Time and again, the Supreme Court has emphasized that criminal actions shall be prosecuted under the direction and control of the prosecutor,” said the Taguig RTC.