Napoles seeks deferment of arraignment anew

MANILA, Philippines - Businesswoman Janet Lim Napoles on Wednesday again asked the Makati Regional Trial Court Branch 150 to defer her arraignment for the charge of serious illegal detention,  an unbailable offense.

Napoles is set to be arraigned on Monday at 1:30 pm.

According to Atty. Diosfa Valencia, RTC branch 150 clerk-of-court, Napoles, through her lawyer, Lorna Kapunan, argued in her urgent morion that the arraignment be deferred as there is still a pending petition for certiorari before the Court of Appeals.

Valencia added that Napoles also filed Wednesday a motion for the reconsideration of the court's earlier decision denying a motion for a bill of particulars.

Valencia said the two  motions will be heard Friday by presiding judge Elmo Alameda at 1:30 p.m.

"Judge Alameda will issue his decision during the hearing of the motion to defer arraignment," said Velencia.

On Tuesday, Kapunan filed a motion asking that her client be allowed to post bail arguing that the evidence levellled against her is weak. The motion to post bail will also be heard by the court Thursday.

Last Friday, Judge 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.

Napoles also added  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 alleged 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.

However 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 September 23 at 1:30 pm.