CA junks Napoles plea vs illegal detention case
MANILA - The Court of Appeals (CA) has junked the petition of alleged pork barrel queen Janet Lim Napoles that sought to nullify a Department of Justice (DOJ) resolution tagging her in the alleged serious illegal detention of her former aide, Benhur Luy.
In a 23-page decision penned by Associate Justice Ramon Garcia, the appellate court dismissed Napoles’ petition assailing the DOJ's review resolution dated August 6, 2013. The case also tagged her brother Reynald Lim.
"[T]his court finds no compelling reason to reverse or modify the assailed ruling of the DOJ," the decision read.
The CA said there was no grave abuse of discretion on the part of the department's Task Force on Anti-Kidnapping.
Napoles also urged the appellate court to quash her arrest warrant, also on the basis of grave abuse of discretion.
The appellate court, however, was not convinced because of "her [Napoles] failure to attach the trial court's order finding probable cause to issue a warrant of arrest against her as well as the warrant itself."
The CA also stressed that she failed to file an initial and necessary pleading before the Makati Regional Trial Court (RTC) that would question its ruling.
Luy claimed that the siblings detained her for three months beginning December 2012. He alleged they kept him from revealing his knowledge on the siphoning of billions of lawmakers' Priority Development Assistance Fund (PDAF) towards alleged bogus non-government organizations that Napoles put up.