Napoles asks court's permission to post bail

MANILA, Philippines - Businesswoman Janet Lim Napoles on Tuesday asked the Makati Regional Trial Court (RTC) Branch 150 to allow her to post bail despite facing a charge of serious illegal detention which is an unbailable offense.

According to lawyer Diosfa Valencia, RTC branch 150 clerk-of-court, Napoles, through her lawyer, Lorna Kapunan, argued that the evidence levelled against her is weak, and as such, entitles her to post bail.

Valencia said Napoles' motion to post bail will be heard by the court on Friday at 1:30 p.m.

Last Friday, Makati RTC Branch 150 Judge Elmo Alameda denied the 

motion to suspend proceedings and the motion for a bill of particulars earlier filed by Napoles.

In her urgent motion for bill of particulars, Napoles, who is facing a charge of serious illegal detention filed by her cousin Benhur Luy, argued that the charge of serious illegal detention is defective and vague. As such, Napoles argued that she is not sufficiently informed of the crime she is being charged with. Napoles argued that as the charge against her is vague, she is not in a position to defend herself.

In his six-page order, Judge Alameda said the charge of serious illegal detention filed against Napoles and her brother Reynald Lim is sufficient.

“Evidently, the information sufficiently allege that the accused are private individuals; they detained Benhur Luy and deprived him of his liberty; their act of detaining Benhur is illegal; in the commission of the offense, the detention lasted for more than three days. Clearly then, the information accurately and clearly allege all the essential elements of the offense charged to enable accused Janet Lim Napoles suitably to prepare for her defense. The information also meets the constitutional guarantee that accused Janet Lim Napoles is informed of the nature of the accusation leveled against her,” said the order.

Napoles, through her lawyer, Kapunan, also earlier filed an 18-page motion to defer her arraignment saying she has a pending petition for certiorari with the Court of Appeals.

But in his order, Judge Alameda said the mere pendency of a petition for certiorari before the Court of Appeals will not automatically suspend the proceedings. Alameda added that if the court fails to proceed with the arraignment of Napoles, he as presiding judge, may be slapped with an administrative case as no temporary restraining order or preliminary injunction has been issued by the Court of Appeals.

Alameda likewise denied the motion to suspend proceedings filed by Reynald Lim through his lawyer Raul Vasquez. Lim remains at-large.

Lim through his lawyer argued that the hearing of his case for serious illegal detention should be suspended pending the resolution of his motion for reconsideration filed at the Department of Justice (DoJ) and a petition for certiorari with the Court of Appeals (CA) which questions the court's decision to issue the arrest warrants against Napoles and him.

Alameda, in his order, said Lim is not entitled to the relief being sought in his motion.

“At the onset, it should be stressed that there is no law or rule which prohibits this court from proceeding with the case even if the accused Reynald Lim has a pending motion for reconsideration filed with the Department of Justice,” said Alameda.

Alameda added that Lim is also not entitled to the relief he is asking as he has not been even placed under the jurisdiction of the court.

“Despite the issuance of an arrest warrant against him, he has not been placed in the custody of the law. As such, this court has not even acquired jurisdiction over the person of Reynald Lim. Not having been placed in the custody of the law, the court cannot even schedule any proceeding like arraignment for Reynald Lim. Under the said circumstances, Reynald Lim is not entitled to the relief which he seeks from this court,” ruled Alameda. 

With the urgent motions denied, Alameda ordered that the arraignment of Napoles will push through on Sept. 23 at 1:30 p.m.