NBI readies raps in Vhong beating

MANILA, Philippines - The National Bureau of Investigation (NBI) is readying charges against businessman Cedric Lee and five others for beating actor and television host Ferdinand “Vhong” Navarro inside a condominium unit in Taguig City last Jan. 22.

NBI-National Capital Region assistant regional director Vicente de Guzman III said they intend to file charges – which he did not specify – against Lee, Deniece Cornejo, 22, and the others no later than Thursday, whether the two show up at his office or not.

The NBI, he said, would like the two to explain their side on the issue before appropriate cases are filed. The NBI is under the Department of Justice.

READ: Cornejo, Lee camp reacts: We will sue Vhong for rape, not attempted rape

Based on an NBI subpoena issued Friday, Lee was supposed to appear before the bureau at 10 a.m. yesterday. Cornejo, meanwhile, failed to show up even after being granted her request to move her schedule of appearance to 2:40 p.m. The subpoena was sent to her address at Forbeswood Heights Condominium (Tower 2) 26 Rizal Drive, Crescent Park, West District, Bonifacio Global City, Taguig City.

It was the same address where the beating and Navarro’s alleged rape try on Cornejo took place.

De Guzman said they were not able to serve subpoena to Lee since they did not know his address.

They had hoped that Cornejo would bring Lee with her to the NBI.

Expected to appear at the NBI at 10 a.m. today is Police Officer 3 Dalmacio Limiuan of the Southern Police District (SPD) headquarters, the officer on duty when the complaint against Navarro was made.

The NBI said it issued the subpoena based on the kidnapping case filed by Navarro. But the case may still change depending on the weight of evidence and the direction of the investigation, the NBI said.

“We are almost finished with our investigation. Once we have completed our investigation we would file the case,” De Guzman said.

“They lost their chance to air their side in the investigation of the NBI,” he added, referring to Lee’s and Cornejo’s failure to appear before investigators.

At the moment, the evidence on hand are the affidavit of Navarro, three video recordings from CCTV cameras at the gate, the main door and inside the elevator of the building.

Breach of procedure

Justice Secretary Leila de Lima, for her part, said she would ask the NBI to probe a possible breach of procedure by the SPD when the latter failed to cordon off and treat as scene of a crime the condominium unit where the beating took place.

She said it was inside the condo unit where Lee and his companions beat Navarro and took humiliating photos of him.

“And these happened in that particular condo unit, so that is the supposed scene of the crime; how come it was not cordoned off and processed thoroughly? I’m going to ask the NBI to investigate this,” De Lima told reporters.

She said the NBI would also determine if the scene where the incident took place may have been “contaminated.”

De Lima spoke after meeting with Navarro’s lawyer at the DOJ yesterday afternoon.

Navarro’s tormentors claimed they beat him up after he tried to rape Cornejo. It was Cornejo who had invited Navarro to her condo unit.

Navarro denied Cornejo’s claims, saying he was set up because Cornejo and Lee’s group wanted to extort P2 million from him.

After beating up Navaro, the group allegedly blindfolded and gagged him, and tied his hands behind his back with duct tape.

Then they brought him to the SPD also in Fort Bonifacio to have the incident recorded in a police blotter.

Navarro was already black and blue then but none of the policemen took him to a hospital for a medical exam. The policemen also did not question Lee’s group about the actor’s condition.

Instead, they just recorded Cornejo’s alleged rape complaint and let the group go.

De Lima said the NBI is also investigating Lee’s connection with the law enforcement agencies.

Consistent

A reliable source, meanwhile, said Navarro’s statement was generally “consistent” with recorded images in the building’s CCTV cameras.

“If you’re going to look at the video and (listen to) his narration, they jibe. That is if we refer to footage of his entering and leaving the elevator,” the source, who declined to be named, said. “What happened inside the condominium is not included.”

Based on the footage provided by the security guards of Forbeswood Heights, Navarro – in a bull cap – was seen leaving the building with his hands tied behind his back, along with eight people including Lee and Cornejo on the evening of Jan. 22. It was 11 p.m., based on the CCTV time stamp.

Security guard Lero Garvin said he saw Navarro’s hands tied behind him.

De Guzman said they took Gervin’s statement because he was stationed at the main gate and had witnessed the group enter and leave the condominium.

The source said the footage and Navarro’s claims aired over ABS-CBN’s “The Buzz” matched.

Navarro’s lawyer Dennis Manalo and manager Chito Roño, meanwhile, appealed to De Lima for a “swift and impartial” investigation.

“We want to make sure that all the legal steps are undertaken,” Manalo told reporters.

“Justice should be served to those who are guilty. The innocent should be afforded justice,” said Roño’s friend Tony Calvento.

Manalo said their camp might seek protection from the DOJ after an unidentified man tried to enter Navarro’s house after his interview with The Buzz.

According to Manalo, the man kept shouting at Navarro’s maid to open the gate.

“As in any probe that we undertake, I will make sure that the NBI’s probe will be impartial and credible. I will also look into Cedric Lee’s alleged connections to certain NBI officials, past or present,” De Lima said.

She added that the DOJ, through its Witness Protection Program, is ready to provide security for Navarro, if his camp so requests.

De Lima stressed the DOJ would also look into the attempted rape allegations of Cornejo against Navarro.

PNP probe

The Philippine National Police (PNP), for its part, said it is investigating the alleged rape try as well as the possible lapses committed by police officers who first recorded the incident.

“The case is now being investigated by the Taguig PNP. The case was initially brought to the attention of the Southern Police District, where it was recorded and it was eventually forwarded to the Taguig City police,” Deputy Director General Felipe Rojas, PNP deputy chief for administration, said.

“If ever we found out that there were lapses on the part of the police officers, we will initiate appropriate actions,” he added.

Rojas said that based on procedure, when a complainant arrives at a police station, regardless of the nature of the incident, the police offer on duty should take the complaint, record the incident and endorse it to the proper investigating agency.

“With that kind of incident, they should have sent (Navarro) to the hospital for further investigation because the paramount concern is save the lives (whether) it is (that of) suspect or victim,” Rojas explained.

He added that the procedures also require police officers to ask the person who referred the case about the circumstances of the incident.

Photos show Navarro had bruises in the face and hands but police officers claimed it was unclear who beat him because of the absence of a formal complaint.

In the absence of a formal complaint, Rojas said the PNP should still investigate the case even if both parties amicably settle the matter.

Senior Superintendent Roberto Fajardo, chief of the Criminal Investigation and Detection Group-National Capital Region, said Navarro spoke with the media but did not file any formal complaint with the police.

“Unfortunately, there is no formal complaint. Vhong had an interview with the media but not to the police. So how can the police act without a complaint? They keep on talking to the media. We want them to approach us and we will be willing to assist them,” Fajardo told reporters.

Fajardo also assailed some groups for blaming the police for their apparent inaction on the matter.

“We need the complainant because any complaint will not prosper if they will speak only with the media, it will not stand in court,” he added.

The Taguig City Police, meanwhile, said the administrators of the Forbeswood Heights condominium and the Mega Force Security Agency could face charges for obstruction of justice if they would fail to cooperate with the ongoing police probe.

Taguig City Police chief Senior Superintendent Arthur Felix Asis told reporters that they had given the condominium administrators and the security agency until 6 p.m. yesterday to hand over CCTV recording of the incident as well as the security guards’ logbooks.

“It is the responsibility of the building officers and security personnel to know what happens in their premises, thus we asked them to report to us. Also, they must subject themselves to proper police proceedings so that we may progress with this case,” Asis said. “If it will be proven that they are hiding records from the police, we will be forced to file an obstruction of justice case against them.”

To Vhong’s defense

Sen. Jinggoy Estrada, meanwhile, vouched for the credibility of Navarro and supported his claim that he had been set up by Lee and his companions.

“I know Vhong for a long time already. Actually, we call each other ‘best friend.’ He is not like that at all. He is a good person. I believe he is innocent. He doesn’t do drugs and does not even smoke,” Estrada said.

“He was told to drop to the floor, to keep silent and (they) proceeded to kick and punch him. He was then blindfolded, stripped and ordered to admit that he raped her on video,” Estrada said.

“Cedric Lee, I think, has been linked to one of our showbiz friends in the industry. The case is now with the NBI. I am trying to get in touch with Director (Virgilio) Mendez to know the status of his case,” Estrada said. Lee was one of the five men accused of beating decathlete-turned-businessman David Bunevacz in November 2008.

Estrada said that he believes Lee’s group was also responsible for the beating of an actor who is now in the US. He did not name the actor but he was apparently referring to Bunevacz.

Estrada said that he would help Navarro out in any way he could “in order to achieve justice.”

For his part, Cavite Rep. Elpidio Barzaga Jr., a former prosecutor, said the attackers of Navarro could be charged with frustrated murder.

The lawmaker said the police desk officer could also be liable in the case for improperly reporting the incident in the blotter. He also cited news reports that the desk officer was in civilian clothes, a violation of police regulations.

“According to reports, brain surgery might be required. He did not die so this is frustrated murder,” Barzaga said.

“There is also apparent or evident premeditation on the part of the attackers, why are they in the condominium unit, this smells like a set-up,” he said.

He said the reported extortion attempt by the still unidentified attackers could also be considered as an aggravating circumstance.

Barzaga said the purported confession and blotter report was also questionable based on news reports.

“If there was really a confession, were his rights read to him pursuant to the Miranda doctrine?” the lawmaker said.

To Cornejo’s rescue

Meanwhile, Lee stood firm on his statement that they came to the rescue of Cornejo who was being molested by Navarro.

When they arrived at Cornejo’s unit at around 10:30 p.m. they heard a woman screaming so they went inside. The door was unlocked so they were able to get inside, Lee said.

They went straight to the bedroom to check on what was going on and they saw Navarro naked with his shorts down, on top of Cornejo.

Lee said Cornejo was screaming and struggling to pull herself out.

Lee said he grabbed Navarro from the back and pulled him down from the bed while Cornejo ran to Lee’s sister and both of them left the unit.

Lee said they tried to pin down Navarro but he resisted, so they punched him until he was badly beaten.

While Lee’s friend was calling the police to arrest him, Lee narrated they tied him with duct tape so he won’t be able to fight them off.

When they asked Navarro what he did, Navarro admitted he tried to rape Cornejo and asked for apology, according to Lee. Navarro begged them not to turn him over to the police as it might affect his career and family.

Lee said it was not up to him to decide but it’s up to the police authorities.

Cornejo, in a text message sent to GMA-7, said she was the victim. “If you want justice, I will give you the real justice. In the field of women’s rights, the right will always be right,” she said, adding Navarro was a good actor and that he was her idol. With Aie Balagtas-See, Paolo Romero, Marvin Sy, Cecille Suerte-Felipe, Mike Frialde, Charmie Joy Pagulong