CA won't lift arrest warrant vs Napoles, brother yet-A A +A
Wednesday, August 28, 2013
THE manhunt on businesswoman Janet Napoles and her brother Reynald Lim continues after the Court of Appeals did not recall the arrest warrants against the siblings for alleged detention of a whistleblower in the pork barrel scam.
The CA Fourth Division "held in abeyance" the issuance of a temporary restraining order (TRO) on the arrest warrants issued by the Makati City Regional Trial Court branch 150 pending the submission of comment from the government through the Office of the Solicitor General.
Associate Justice Ramon Garcia is tasked to write the court's decision on the case. Other members of the three-man division are Associate Justices Amelita Tolentino (chairperson) and Danton Bueser.
In a petition for certiorari, Napoles said Judge Elmo Alameda committed grave abuse of discretion when he ordered the arrest last August 14 without resolving two pending motions for determination of probable cause.
She also hit the Department of Justice for reversing its June 10 resolution junking the serious illegal detention charges despite the alleged lack of additional evidence.
Benhur Luy, the scam whistleblower, was allegedly kept against his will for three months until March this year for his knowledge on the involvement of Napoles' JLN Corp. in the priority development assistance fund (PDAF), Malampaya and fertilizer scams.
The DOJ belied Napoles' claim that Luy went on a voluntary retreat to make up for his mistakes against her, particularly when the businesswoman discovered that he pocketed P300,000 which should have been deposited to her account and took out P5 million in loans without her consent. (Virgil Lopez/Sunnex)