Prosecutor throws out perjury charge vs Benhur Luy

Principal whistle-blower Benhur Luy. RICHARD A. REYES/INQUIRER

MANILA, Philippines—The Office of the Manila City Prosecutor has dismissed the perjury case filed by Janet Lim-Napoles, the alleged brains behind the pork barrel scam, against whistle-blower Benhur Luy for her failure to prove the falsity of the latter’s allegations of illegal detention and involvement in the anomalous transactions with government officials.

In a consolidated resolution, Assistant City Prosecutor Philger Noel Inovejas also found no probable cause to indict Merlina Suñas, a former employee of Napoles, and other members of Luy’s family, namely, Arturo Francisco Luy, Gertrudes Luy, Arthur Luy and Annabelle Uy, for perjury.

The recommendation of dismissal was recently approved by Senior Assistant City Prosecutor Rector Macapagal and Senior Deputy City Prosecutor Eufrosino Sulla.

Napoles filed three separate cases of perjury in September against Suñas, Luy and Luy’s family for affidavits stating that she and her brother Reynald Lim detained Luy against his will and that Napoles was involved in anomalous transactions with government officials involving public funds.

In a sworn statement on March 23, Luy said that during his 10-year employment with the JLN Group of Companies, he “discovered the company’s involvement in the fertilizer fund scam, pork barrel anomalies, ghost projects and other illegal transactions with the Department of Agriculture, National Agri-Business Corp., Technology Resource Center and Department of Agrarian Reform,” among other agencies.

When he decided to quit to start his own business, he was detained by Napoles and Lim at the Bahay ni San Jose in Makati City on Dec. 20, 2012. He was rescued by the National Bureau of Investigation on March 22.

Napoles said Luy voluntarily committed himself for a retreat “to reflect on the wrongdoings he committed and to repent his immoral lifestyle involving reprehensible sexual conduct with men and the use of prohibited drugs.”

Napoles disputed the respondents’ claim that Maria Flor Villanueva heard her say, “Ikuha mo ako ng isang room para hindi s’ya makatakas at maimbestigahan ko s’ya (Get me a room so he can’t escape and I can investigate him),” referring to Luy. She also claimed that Luy and Suñas were not her employees since JLN Group of Companies does not exist.

Napoles also cited a Department of Justice resolution dated June 10 dismissing the original criminal complaint for serious illegal detention, which has since been reversed. She was subsequently arrested and is now held at Fort Sto. Domingo in Sta. Rosa, Laguna.

The city prosecutor noted that Napoles failed to prove the falsity of the respondents’ statements “other than her bare allegations under oath that those are false.”

The resolution also said that granting, for the sake of argument, that the respondents’ statements were false, Napoles has not convincingly shown that the falsehood had been done deliberately and willfully.

“The assertions of respondents in their affidavit were all based on personal knowledge and belief and based on the good faith interpretation of events,” the resolution said.