MANILA – The Department of Justice filed a motion seeking the withdrawal of the qualified theft case filed by alleged pork barrel scam mastermind Janet Lim Napoles against Benhur Luy.
Luy's arraignment before the Pasig City Regional Trial Court Branch 155 did not push through today after the DOJ filed a motion to withdraw information last Friday.
In her complaint, Napoles alleged that Luy pocketed P300,000 that she asked him to deposit in her bank account in December 2012.
The DOJ granted the motion of Luy and reversed the ruling of Pasig City Prosecutor's Office which earlier found probable cause to file the case against Luy.
In a motion signed by Assistant State Prosecutor Mark Roland Estepa, the DOJ argued that the absence of an employee-employer relationship between Luy and Napoles has rendered the qualified theft charge invalid.
The DOJ also questioned the timing of the filing of the case – four months after the crime was allegedly committed and after Luy charged Napoles with serious illegal detention.
The camps of Luy and Napoles received a copy of the DOJ motion today. Napoles' camp has been given 15 days to file its comment on the DOJ motion.
Luy's arraignment has been moved to August 20, but Pasig RTC Branch 155 presiding judge Maria Gracia Cadiz Casaclang can rule on DOJ's motion prior to this. – report from Dominic Almelor, ABS-CBN News