
SC division orders dismissal of rape..
Author: 79467545 • 99 views • 2023-03-13 20:51:29
SC division orders dismissal of rape, acts of lasciviousness charges vs Vhong Navarro.
The Supreme Court’s Third Division has ordered the dismissal the rape and acts of lasciviousness charges filed against actor-host Vhong Navarro due to lack of probable cause.
The Division, in a 43-paged ruling dated February 8 but made public Monday, (March 13), granted the Petition for Review on Certiorari filed by Navarro’s legal team.
..."[T]he determination of probable cause for filing of charges belongs to the public prosecutor, although “judicial intrusion is justified when the exercise of such authority is tainted with grave abuse of discretion amounting to lack or excess of jurisdiction.”
“In the case, the Court finds that the prosecutor's findings of lack of probable cause against Navarro for the imputed crimes proceed from an adherence to the foregoing legal yardsticks, thus negating grave abuse of discretion on the part of the DOJ in denying Comejo's petition for review,”
... “Under the circumstances, the CA simply had no basis to reverse the prosecutor's finding of lack of probable cause. On the contrary, it is the CA that disregarded such parameters when it substituted its own judgment for that of the prosecutor's finding of lack of probable cause against Navarro,”
It added: “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.”
Read more: https://vurl.com/L5NEg
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