DOJ asked to reconsider dismissal of case vs suppliers in fertilizer scam

MANILA, Philippines—The National Bureau of Investigation (NBI) and a private complainant on Wednesday asked the Department of Justice (DOJ) to reconsider its decision dismissing the serious illegal detention case against alleged suppliers linked to the P728-million fertilizer fund scam.

In a motion for reconsideration, lawyer Levido Baligod, counsel for victim Benhur Luy, said the DOJ erred in dismissing the case against Janet Lim-Napoles and her brother Reynaldo Lim of JLN Group of Companies.

JLN allegedly oversaw the implementation of several government funded projects like the fertilizer fund scan and the Malampaya project.

Luy was rescued by the NBI last March after four months in captivity inside Pacific Plaza Tower, Bonifacio Global City in Taguig. The siblings allegedly detained Luy after learning that he will testify in the fertilizer fund case.

Baligod pointed that one of the respondents (Napoles) admitted saying Luy should be detained.

The same motion cited a Supreme Court case, People of the Philippines v. Egap Madsali et al., and said that it is enough that there is restraint in the movement of the victim as basis for filing a case.

The motion also noted that in determining if there is basis to file the case in court, it does not require a beyond reasonable doubt or a fool proof case on the guilt of the two but only probable cause to show that they can be subjected to a trial.