Napoles seeks to defer arraignment anew

MANILA, Philippines - Janet Lim-Napoles asked again yesterday the Makati Regional Trial Court Branch 150 to defer her arraignment for serious illegal detention. She is set to be arraigned at 1:30 p.m. on Monday.

Diosfa Valencia, RTC branch 150 clerk-of-court, said Napoles, through her lawyer Lorna Kapunan, argued in her urgent motion that the arraignment must be deferred as she still has a pending petition for certiorari before the Court of Appeals.

Yesterday, Napoles also filed a motion for reconsideration of the court’s decision denying her motion for a bill of particulars, she added.

Valencia said Judge Elmo Alameda will hear the two motions at 1:30 p.m. tomorrow.

“Judge Alameda will issue his decision during the hearing of the motion to defer arraignment,” she said.

On Tuesday, Kapunan asked the court that Napoles be allowed to post bail on grounds that the evidence against her is weak.

The court will also hear the motion to post bail tomorrow.

Last Friday, Alameda denied the motion to suspend proceedings and the motion for a bill of particulars of Napoles.

In her motion for a bill of particulars, Napoles said the charge of serious illegal detention is defective and vague. She was not sufficiently informed of the crime she is being charged, she added. 

However, Alameda said the charges of serious illegal detention filed against Napoles and her brother Reynald Lim are 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,” read the court’s order.

“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.”  

Alameda said the mere pendency of a petition for certiorari before the CA will not automatically suspend the proceedings.

If the court fails to proceed with the arraignment of Napoles, he as presiding judge may be slapped with an administrative case as the CA has not issued a temporary restraining order or preliminary injunction, he added.

Alameda also denied the motion to suspend proceedings filed by Reynald Lim through his lawyer Raul Vasquez, as he is not entitled to the relief sought. Lim remains at large. 

“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,” he said. 

Alameda said Lim is not entitled to the relief sought 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,” read the order.

“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.”