CA junks Napoles plea on serious illegal detention case

By Ina Reformina, ABS-CBN News

Posted at Jul 14 2014 03:05 PM | Updated as of Jul 14 2014 11:05 PM

MANILA - Alleged "pork barrel scam" architect Janet Lim Napoles failed to convince the Court of Appeals (CA) to reverse its earlier ruling junking her bid for the dismissal of the serious illegal detention case filed by primary whistleblower Benhur Luy against her.

In a 2-page resolution dated July 8, penned by Associate Justice Ramon Garcia, the appellate court's Former Special Third Division stood pat on its ruling dismissing Napoles' petition for certiorari against the Department of Justice (DOJ), which indicted her, and the Makati City Regional Trial Court (RTC) Branch 150, which issued the warrant for her arrest and is hearing the case against her and her brother, Reynald Lim.

The appellate court said Napoles' arguments in her motion for reconsideration (MR) were merely rehashed and were all passed upon in the previous ruling.

"The issues raised in the instant motion have already been judiciously evaluated and passed upon in our aforementioned decision. We therefore, find no compelling reason to modify or reverse the same," the resolution read.

In upholding the charges against Napoles in its first ruling, the appellate court ruled that there was no grave abuse of discretion on the part of the DOJ in finding probable cause against her, and also no grave abuse on the part of the RTC in ordering her arrest and in its judicial determination of probable cause.

Luy, in his complaint, alleged that Napoles and Lim ordered his detention for a period of 3 months beginning December 2012 to prevent him from divulging information about the alleged modus involving the siphoning of billions of several lawmakers' Priority Development Assistance Fund (PDAF) to bogus Napoles NGOs and ghost projects.

The ruling was concurred in by Associate Justices Rebecca De Guia-Salvador and Vicente Veloso.