G.R. No. 263329. February 08, 2023.
FERDINAND “VHONG” H. NAVARRO, PETITIONER, VS. DENIECE MILINETTE CORNEJO, THE SECRETARY OF JUSTICE, AND HON. VINCENT VILLENA, IN HIS CAPACITY AS CITY PROSECUTOR OF TAGUIG, RESPONDENTS.

FACTS

The case stemmed from three separate complaints for Rape and Attempted Rape filed by Deniece Milinette Cornejo against Ferdinand “Vhong” Navarro before the Office of the City Prosecutor of Taguig City (OCP Taguig), pertaining to alleged incidents on January 17, 2014 and January 22, 2014. The first two complaints were dismissed. The third complaint, docketed as NPS Docket Nos. XVI-INV-16E-00174 and XVI-INV-15J-00815, was also dismissed by the Department of Justice (DOJ) Panel of Prosecutors for lack of probable cause. Cornejo alleged that on January 22, 2014, Navarro visited her condominium unit, forcibly dragged her, pinned her down, kissed her, forced her face onto his genitals, attempted to unzip her shorts, and tried to force his penis into her vagina until her friends intervened. They went to the police station where Navarro allegedly offered money to settle the matter. Navarro filed counter-charges, including Serious Illegal Detention, against Cornejo and her friends, alleging he was set up, mauled, and detained to extort money. The DOJ dismissed Cornejo’s third complaint. The Court of Appeals (CA) reversed the DOJ’s dismissal, finding probable cause for Rape by Sexual Intercourse and Acts of Lasciviousness, and directed the OCP Taguig to file the corresponding Informations. Navarro filed the present Petition for Review.

ISSUE

Whether the Court of Appeals erred in finding probable cause for the crimes of Rape and Acts of Lasciviousness against Ferdinand “Vhong” Navarro.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Decision of the Court of Appeals. The Court held that the CA correctly found probable cause to indict Navarro for Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) for the January 22, 2014 incident. Probable cause exists when the facts and circumstances are sufficient to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. The Court found that Cornejo’s detailed allegations in her complaints and affidavits, describing Navarro’s acts of pulling her hair, dragging her, kissing her, and forcing her face onto his genitals, constitute the crime of Acts of Lasciviousness. The determination of probable cause does not require certainty of guilt but only a reasonable belief based on the evidence submitted. The Court found no grave abuse of discretion in the CA’s ruling. However, the Supreme Court MODIFIED the CA’s decision by setting aside the finding of probable cause for Rape by Sexual Intercourse. The Court held that the element of carnal knowledge was not sufficiently established, as Cornejo’s allegations indicated that Navarro’s penis only “touched” her private part but was not successfully inserted. The case was REMANDED to the OCP Taguig for the filing of an Information for Acts of Lasciviousness.