CA junks Napoles plea on illegal detention rap

MANILA, Philippines - The Court of Appeals (CA) has upheld the indictment of alleged pork barrel scam mastermind Janet Lim-Napoles for the illegal detention case filed by whistle-blower Benhur Luy.

In a 23-page decision released yesterday, the special Third Division of the appellate court dismissed the petition of Napoles questioning the Department of Justice’s finding of probable cause last year in the serious illegal detention charges filed against her and her brother Reynald Lim.

Contrary to the allegation of the detained businesswoman, the CA held that the DOJ did not commit grave abuse of discretion in filing the case against her.

“There was no hint of whimsicality, no gross and patent abuse of discretion as would amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law,” read the ruling penned by Associate Justice Ramon Garcia.

The CA stressed that the DOJ was very detailed in enumerating the basis of filing the case against Napoles and Lim.

“In fact, in the assailed resolution, the Task Force on Anti-Kidnapping painstakingly went over the pieces of evidence adduced by the parties and thereafter resolved the issues by applying the precepts of the law on evidence,” the appeals court added.

“The assailed resolution of the DOJ Task Force on Anti-Kidnapping finding probable cause that petitioner committed the crime of serious illegal detention does not appear to have been made with grave abuse of discretion,” it added.

In the same ruling, the CA also affirmed the arrest order issued by the Makati City Regional Trial Court Branch 150 against Napoles and Lim.

It held that Napoles failed to exhaust all available remedies in the lower court before elevating the case to the CA.

Napoles and her brother were slapped with serious illegal detention after the NBI rescued Luy on March 22, 2013 in a condominium unit at Pacific Plaza Tower in Bonifacio Global City, where the siblings allegedly detained him for months to prevent him from coming out and revealing information about the scam.

The appeals court said the prosecutors have been detailed in their findings when they enumerated the basis of filing the case against Napoles and Lim.

In her 64-page petition for certiorari filed in August last year, Napoles asked the appellate court to nullify the DOJ resolution approving her indictment, saying it was “issued with grave abuse of discretion amounting to lack or excess of jurisdiction.”

She also pleaded the CA to order the dismissal of the charge of serious illegal detention against her and her brother.

Napoles questioned her indictment since the earlier preliminary investigation in the DOJ showed no probable cause on the complaint filed by Luy.

She claimed that the serious illegal detention charge was “biased and baseless” and “crafted to cover the seeming lack of evidentiary support to roll the wheels of prosecution against those suspected of being involved in the controversial PDAF scam.”

Napoles is detained at the police camp in Fort Sto. Domingo in Sta. Rosa, Laguna while standing trial in the serious illegal detention case since her arrest last year.

She is also facing plunder and other charges before the Sandiganbayan in connection with the pork barrel scam.

The Office of the Ombudsman and the Commission on Audit (COA) appealed to the people for understanding yesterday on the delay in the resolution of the pork barrel scam cases now pending before the anti-graft agency.

Ombudsman Conchita Carpio-Morales and COA Chairman Ma. Gracia Pulido-Tan, after signing the revised guidelines of cooperation among the signatories to the Inter-Agency Anti-Graft Coordinating Council (IAAGCC) at the Crowne Plaza Hotel in Quezon City, said legal procedures have to be followed.

“It is easy to file complaints but the Ombudsman is taking it judiciously and carefully in reviewing voluminous records to secure conviction,” said Tan, whose COA report was a main basis for the filing of cases by the DOJ.

Among those facing investigation for alleged involvement in the pork barrel anomaly are: Napoles, Senators Juan Ponce Enrile, Jinggoy Estrada, and Ramon Revilla Jr.

The IAAGCC is a government task force charged with the investigation of high ranking public officials involved in P50 million and more complex related government deals.

Morales said the signing of the revised guidelines signifies the seriousness of the government’s fight against graft and corruption.

On the day of her supposed medical check-up, Napoles’ blood pressure and pulse and respiratory rate were normal.

Chief Superintendent Reuben Theodore Sindac, director of the Philippine National Police-Public Information Office, said as of 6:57 a.m. yesterday medical personnel checked Napoles’ vital signs.

Napoles’ blood pressure was 130/80, pulse rate at 76, respiratory rate at 20 and her temperature 36.2, Sindac said.

A diabetic, Napoles’ random blood sugar test was high at 208 mg/dl, when normal level is 70 to 110 mg/dl.

On orders of the Makati Court, Napoles was allowed to get a medical check-up at the Ospital ng Makati.

Revilla will return

Revilla’s lawyer Joel Bodegon said yesterday that there was no reason to suspect that the senator would not return to the country after his two-week pilgrimage to the Holy Land.

Bodegon said that Revilla has an important announcement to make when he returns home.

He declined to reveal what the announcement would be, saying that he does not want to pre-empt his client.

However, he said that the announcement has something to do with the future of the country. – With Marvin Sy, Michael Punongbayan, Cecille Suerte Felipe