Napoles could have been arrested as early as March

By: Julliane Love De Jesus - 11 years ago

Janet Lim-Napoles. CONTRIBUTED FILE PHOTO

MANILA, Philippines—Janet Lim-Napoles could have been arrested as early as March this year for serious illegal detention case.

Had the agents of National Bureau of Investigation (NBI) served the warrant of arrest swiftly during their rescue operations of Benhur K. Luy on March 22, the erstwhile fugitive might have been captured earlier.

Witness of the prosecution side, NBI investigator Rodante Berou, admitted Friday that they failed to secure warrants of arrest for Napoles and her brother Reynald Lim due to “lack of time.”

It was a loophole questioned by Napoles’ counsel, lawyer Lorna Kapunan, in a cross examination during the bail petition hearing of Napoles.

“Does that justify the NBI entering a private property without arrest warrants just because of lack of time?” Kapunan asked Berou.

“But precisely, what would be the basis of the warrant of arrest if no case was filed?” she added.

The NBI official explained that in the case of Napoles and Lim’s alleged kidnapping of Luy, warrants of arrest were not necessary.

“It did not have to be warrants of arrest since it was happening at the time the crime was actually committed,” he explained.

Berou cited a criminal law saying that breaking in or forcing entry when there is personal knowledge of the committed crime was not illegal and allowed.

Based on his statement, they received information that the night the NBI came to the South Garden Condominium unit owned by Napoles in Pacific Plaza, Bonifacio Global city, Napoles left the condominium and got off the hook.

“We did not go after Napoles because she left at the same time we did to an unknown location. By that time we were busy,” he said.

But Kapunan retorted with a question “why didn’t you go back to Pacific [Plaza] to arrest Napoles who from your statements [referred to] as [the] mastermind of serious illegal detention [case]?”

The female lawyer was perplexed why the NBI singled out Lim and excluded Napoles from being arrested.

Berou, meanwhile, clarified that Luy resisted the NBI agents who came to his rescue saying “ayokong sumama sa inyo. Walang ginawang masama sa akin si Kuya Jojo (Reynald Lim),” because the whistle-blower feared that they were “Lim’s men.”

The moment they arrived at the NBI office, he asked Luy why he refused to be rescued at first. Luy said: “kasi akala ko kayo ‘yong pinadala ni Reynald [Lim] para humuli sa akin.”

Berou did not further elaborate the reason behind Lim’s plan to have Luy arrested by the policemen.

The rescue of Luy was prompted by his parents who said that their son was being detained by the siblings since December 20 last year.

But Napoles’ camp reiterated that Luy went on a “spiritual retreat” at Bahay San Jose in Makati City after Napoles discovered that he pocketed P300,000, and another P5 million.

The succeeding hearings pending the motion of Napoles for bail will be on October 2 at 9 a.m., October 7 at 2 p.m., October 14 at 2 p.m. and October 25 at 9 am and 2 pm.