Atty. Lorna Kapunan said that the date specified in the complaint affidavit filed by Roxanne Cabañero against Vhong Navarro is very clear that it mentioned the date April 24, 2010 as the alleged abused took place and she said that once it is officially filed in the court it cannot be easily altered.

Atty. Kapunan who was neither a representative of Navarro nor Cabañero’s camp replied when she was asked for her legal opinion on Cabañero’s case in an interview on “Buzz ng Bayan” aired on Sunday.

Based on the record of Cabañero’s complaint-affidavit filed last February 19, 2014 at Pasig City Prosecutors Office specifies that the alleged abused took place on April 24, 2010, at 11:00 p.m. to 1:00 a.m. on the following day in Pasig City, near Astoria Hotel.

Cabañero claimed that she met Navarro earlier on the same day after her guest visit on “It’s Showtime” with fellow Miss Bikini Philippines contest where she alleged that a woman approached her in behalf of Navarro to get her contact number.

Since then, they exchanged text messages with the actor to arrange their meeting but according to her statement she was fetched by Navarro from Astoria hotel where she claimed that they were staying with Miss Bikini Philippines contestants. She said further that when they get together in the car, the actor drove and parked it under a shade of a tree where she alleged the abused was done inside the car of the actor.

“The abused [based on the complaint] happened during the incident inside the car,” Kapunan said. “In the afternoon of the same date, eh. Afternoon ‘yun, ang date ay April 24. So afternoon ‘yung [message sa] cellphone saying allegedly ni Vhong Navarro na, ‘Magkita tayo.’ Tapos nagkita sila sa evening. So the same day—the same evening of the same date, April 24. Unless na sinasabi nila na it happened the next day. E hindi naman sinasabi dito.”

Since Cabanero’s abused complaint went public, several groups have gone on record to contradict the details that mentioned on her complaint affidavit that includes Astoria Plaza project manager director Ric Valenzuela who made clarification on “Bazz ng Bayan” aired last Feb. 23, 2014 that it was offered to them to accommodate the Miss Bikini Philippines contestants but did not push through. The Millenia Suites that billeted the contestants of Miss Bikini Philippines contradicts the date on April 24, 2010 of Cabañero’s complaint affidavit; instead, it says on ABS-CBN News with Mario Dumaual, it was not on the 24th of April. Vice Ganda who filed counter-affidavit also claimed that the actor was with him during the concert at Island Cove. And

According to the legal counsel of Cabanero, Atty. Batalla, when he was asked the exact alleged abused of the Cabanero took place, if not on the date shown in the complaint, Atty. Batalla said that “During the time of April 24, 25, 26 and 27.”

With regards to Atty. Batalla’s statement, Atty. Kapunan explained the two possible angles to happen in the part of the victim. First, the victim’s recollection of the incidents is affected if that is due to a traumatic experience. Second, Atty. Kapunan said it is unlikely that important details such as the date of the incident can be forgotten easily by the victim.

“Puwedeng two sides ‘yan eh. Kung totoong abused victim ka o traumatized, ‘di mo na maaalala. Except that the other side is, ‘di mo makakalimutan ‘yung araw na na-biktima ka, ‘di puwedeng papaplit-palit ka na, ‘Ay, ‘di pala ngayon, e another date,'” she said.

“There are material dates that you cannot forget. For instance, the date you were abused is very material to you na ‘di mo puwedeng sabihing ay nagkamali ako ng date.”

Atty. Kapunan said that Cabañero’s camp must explain this to clear up the mix up date issues.

“Dapat patunayan nila ng Roxanne o ng lawyer niya na talagang traumatized siya. Puwede namang i-verify ‘yon. Hindi lang naman siya ang mag-isa. ‘Di ba meron siyang roommates kasi may beauty contest? So dapat vinerify muna nila. Dapat nag-verify sila ng mga dates.

“In fairness to Roxanne and the people who claimed that they may have been allegedly raped, pagbigyan naman natin, napakahirap na lumabas na ikaw ay na-rape. Let us give them the benefit of the doubt,” she said.

Meanwhile, Navarro’s lawyer, Atty. Alma Mallonga that they’re going to file cases of perjury and libel against Cabanero in relation to her claims that the actor has abused her.