Appeals court affirms arrest order vs. Napoles' brother
MANILA, Philippines — The Court of Appeals affirmed the warrant of arrest issued against the fugitive brother of detained businesswoman Janet Lim Napoles for a serious illegal detention case.
In a four-page resolution penned by Associate Justice Noel Tijam on July 2, the court denied Reynald "Jojo" Lim's petition seeking to nullify the arrest warant issued by the Makati Regional Trial Court Branch 150 presiding judge Elmo Alameda.
The court said that Lim's plea lacks merit and is therefore the warrant of arrest is valid. Lim and Napoles are accused of kidnapping and detaining pork barrel scam whistleblower and close relative Benhur Luy.
"We are not prejudging the criminal case or the guilt or innocence of the petitioner," Tijam said in the resolution, as cited in a state news report.
"We are simply saying that, as a general rule, if the information is valid on its face there is no showing of manifest error, grave abuse of discretion or prejudice on the part of the public prosecutor, courts should not dismiss it for 'want of evidence' because evidentiary matters should be presented and heard during the trial," the magistrate added.
Concurring in the ruling were Associate Justices Romeo Barza and Ramon Cruz.
Napoles surrendered in August 2013 but denied the charges. She is now detained at Fort Sto. Domingo in Laguna while also facing plunder charges over the government funds scam. Luy, however, remains at large.
In dismissing Lim's petition, the Court of Appeals backed the Makati court's finding of probable cause to proceed with Lim's trial.
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