CA nixes Napoles bid to dismiss Luy case against her
The Court of Appeals. FILE PHOTO
MANILA, Philippines—The Court of Appeals dismissed the bid of suspected pork barrel scam mastermind Janet Lim-Napoles that she be cleared from serious illegal detention filed against her by whistleblower Benhur Luy.
In a 23-page decision made public Monday, the appeals court through Associate Justice Ramon Garcia said it could not find any error committed on the part of the prosecutors and the Department of Justice (DOJ) in filing the case against Napoles and her brother Reynald Lim in court.
“There was no hint of whimsicality, no gross and patent abuse of discretion as would amount to an evasion of positive duty or a virtual refusal to perform a duty or a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law,” the appeals court said.
Napoles and her brother were slapped with serious illegal detention after the NBI rescued Luy on March 22, 2013 in a condominium unit at Pacific Plaza Tower in Bonifacio Global City where the siblings allegedly detained him for months to prevent him from coming out and revealing information about the scam.
The appeals court said the prosecutors have been detailed in its findings when they enumerated the basis of filing the case against Napoles and Lim.
“The assailed resolution of the DOJ Task Force on Anti-Kidnapping finding probable cause that petitioner committed the crime of serious illegal detention does not appear to have been made with grave abuse of discretion,” the appeals court said.
“In fact, in the assailed resolution, the Task Force painstakingly went over the pieces of evidence adduced by the parties and thereafter resolved the issues by applying the precepts of the law on evidence,” the appeals court added.
The appeals court also said that the Makati Court Branch 150 also did not abuse its discretion when it ordered the arrest of Napoles and her brother.
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