CA junks Navarro’s petition to reverse dismissal of case vs. Fernandez

The Court of Appeals has affirmed the dismissal of the grave coercion case filed by actor and TV host Vhong Navarro against Sajed Fernandez in connection with the former’s alleged detention in 2014.

In a 17-page decision, the Appellate Court junked the petition seeking to assail the ruling of the Taguig Regional Trial Court which dismissed the case against  Fernandez for the failure of the prosecution to prove his guilt.

The court said Navarro has no legal standing to file the petition.

“Only the Office of the Solicitor General may represent the People of the Philippines on appeal. The private offended party or complainant may not take such appeal,” it said.

“It appears that the present petition, filed by Navarro through counsel… is without consent and authority given by the OSG,” it added.

Further, it said that the judgment of acquittal is “final, unappealable, and immediately executory.”

The court also said the Taguig RTC did not commit grave abuse of discretion amounting to lack or excess of jurisdiction on the basis that the judge did not consider the element of conspiracy.

It said that conspiracy was not established.

“Conspiracy transcends mere companionship, and mere presence at the scene of the crime does not intself amount to conspiracy. Even knowledge, acquiescence in or agreement to cooperate, is not enough to constitute one as a party to conspiracy,” it said.

The decision was promulgated on November 11.

In 2014, Fernandez and others were accused of holding Navarro captive at the Bonifacio Global City and inflicting serious physical injuries against him.—AOL, GMA Integrated News