MANILA - The Court of Appeals (CA) has given the Makati Regional Trial Court (RTC) hearing the serious illegal detention case against alleged "pork barrel scam queen" Janet Lim Napoles 10 days to file its comment on Napoles' petition that urges the appellate court to overturn the lower court's ruling denying her plea for bail.
In a resolution dated May 14, the appellate court's Special 7th Division also directed complainant Benhur Luy, primary scam whistleblower, to file his comment on Napoles' petition.
Napoles questioned Makati RTC Branch 150 Elmo Alameda's Feb. 12 ruling which denied her motion for reconsideration (MR).
Napoles filed the MR in an effort to overturn the trial court's earlier ruling which denied her bail plea.
Napoles claimed that while serious illegal detention is a non-bailable offense, the evidence against her is weak.
In junking her bail plea, the trial court ruled that Luy "was actually deprived of his liberty coupled with the intent on the part of accused Janet Lim Napoles conspiring with her brother Jojo Lim to effect it."
Luy claimed Napoles detained him to prevent him from spilling the beans on the multi-billion scam involving the siphoning of the Priority Development Assistance Fund (PDAF) of several lawmakers into her bogus NGOs and projects.