Why NBI agents failed to arrest Napoles

MANILA, Philippines - Agents of the National Bureau of Investigation did not recognize businesswoman Janet Lim-Napoles when the NBI team raided a condominium unit at the Pacific Plaza in Taguig where Benhur Luy was supposedly being detained earlier this year.

The agents thus failed to arrest Napoles, who has been charged with serious illegal detention by her cousin and employee Luy, an NBI official explained yesterday.

During the Napoles bail petition hearing yesterday at the Makati City Regional Trial Court Branch 150, NBI Special Task Force executive officer Rodante Berou told the court that the businesswoman arrived at the ground floor South Garden unit of the Pacific Plaza condominium at Bonifacio Global City last March 22 when they were arresting her brother Reynald Lim.

Under questioning by Prosecutor Christopher Garvida, Berou said a tall lady accompanied by another woman and three men were present at the condominium unit where they found Luy and Lim.

He told the court that the woman, who appeared to be angry, began shouting “Nasaan si Tata? Asan yan si Benhur? Dapat nasa Magallanes yan. Mga walanghiya. Walang utang na loob (Where is Tata? Where is Benhur? He should be in Magallanes. Shameless ingrates).”

Berou, leader of the NBI team that rescued Luy, added that the woman was also shouting expletives at the NBI agents.

When questioned by Napoles’ lawyer Lorna Kapunan, Berou admitted that during Luy’s rescue the NBI agents carried a copy of Napoles’ photograph but agents failed to recognize her.

According to Berou, the members of the Luy family only told them that Napoles was at the condominium unit when they arrived at NBI headquarters after the raid.

He said that he did not ask any of Luy’s relatives who were present at the condominium unit during the rescue about the identity of the tall woman.

Berou also admitted that Napoles even approached him and asked if they had an arrest warrant for Lim, to which he said they didn’t need one as the crime was still ongoing and the operation was justified as a warrantless arrest.

Kapunan then asked Berou why it took the NBI until March 22 to rescue Luy when his family requested for help on March 1.

Berou answered that it was only on March 22 that Lim had agreed to meet with Luy’s relatives.

Under questioning from Kapunan, Berou admitted that the complainants in the case – Arturo Luy (Benhur’s father), Gertrudes (mother), Arthur (brother) and Anabelle Luy-Reario (sister) – affixed to their complaint a list of houses and condominium units where Luy could have been hidden by Napoles and Lim.

However, Berou admitted that the NBI team did not check the other places being used by Napoles that include the 25th floor of the Discovery Suites in Ortigas Center in Pasig; 63 San Isidro St., Ayala Alabang Village in Muntinlupa; 9 Narra St. in Forbes Park, Makati; 52 Lapu-Lapu St. in Magallanes Village, and unit 18-B North Tower, Pacific Plaza condominium, Taguig.

Berou also admitted that he only got Luy’s location at South Garden during a pre-operation briefing held by their unit’s head Roland Argabioso.

He said that the NBI agents made no effort to further validate the claim that Luy was being held against his will by Napoles and Lim, aside from merely relying on the complaint filed by his relatives and from interviews with the complainants.

“You did not check the veracity of these sworn affidavits. You did not make any independent verification if Benhur Luy was being held against his will,” Kapunan said.

Berou said that when they entered the condominium unit, Lim had no bodyguard and Luy was not restrained.

He told the court that Luy appeared to have been surprised by the NBI team’s arrival and of Lim’s arrest.

Berou said Luy at first refused to go with the NBI team, saying his cousin (Lim) whom he called Kuya Jojo, did not do anything wrong.

Meanwhile, Judge Elmo Alameda denied an attempt by Kapunan to show in court video footage taken by a closed circuit television camera at the Pacific Plaza condominium at the time of the rescue, which would allegedly show that Luy was not being restrained by Lim.

Alameda said the video could only be shown if it was properly authenticated.

Talking to reporters after the hearing, Kapunan said Luy is shown freely walking in the video footage and could have easily made his escape if he was really illegally detained.

“He could have easily run to the elevator,” she said.

Childhood friend

A woman who claimed to be a childhood friend of Benhur Luy also testified that there had indeed been plans to detain him.

Ma. Flor Vistal Villanueva, one of the prosecution’s eight witnesses, said that on Dec. 19, 2012, while she was staying at Luy’s unit at the Lafayette condominium in Libis, Quezon City, she received a telephone call from Luy asking her to bring his car keys to the 25th floor of Discovery Suites condominium in Ortigas City where Napoles’ office is located.

Villanueva said she was surprised that instead of Luy meeting her to get the car keys, she was met by Napoles who, strangely, had introduced herself as an employee of the company and told her that Luy was inside the office and was being scolded by his boss.