CA junks motion of Napoles' brother
MANILA - The Court of Appeals (CA) has junked the motion for reconsideration of Reynald Lim, brother of so-called pork barrel scam queen Janet Lim Napoles, and stood pat on its earlier ruling that the serious illegal detention charge against Lim should proceed.
In a 4-page resolution, dated July 2, penned by Associate Justice Noel Tijam, the appellate court said Lim's motion should be junked for lack of merit.
The ruling means the warrant for Lim's arrest stays, and the trial against him before the Makati Regional Trial Court (RTC) Branch150 should proceed.
The appellate court said the criminal information against Lim is valid, and there was no grave abuse of discretion on the part of the RTC in issuing the order for his arrest.
"Pork barrel" scam primary whistleblower Benhur Luy charged Napoles and Lim with the non-bailable offense, alleging that they caused his detention for 3 months in an effort to prevent him from spilling the beans on the multi-billion scam.
"We are not prejudging the criminal case or the guilt or innocence of the petitioner. We are simply saying that, as a general rule, if the information is valid on its face there is no showing of manifest error , grave abuse of discretion or prejudice on the part of the public prosecutor, courts should not dismiss it for 'want of evidence' because evidentiary matters should be presented and heard during the trial," the resolution read.