Janet Lim-Napoles (left) and Benhur Luy (right). INQUIRER FILE PHOTOS
MANILA, Philipines–A Pasig City court has dismissed qualified theft charges against whistle-blower Benhur Luy brought by Janet Lim-Napoles, the alleged brains behind the P10-billion pork barrel scam.
State Prosecutor General Claro Arellano said in a telephone interview Wednesday night that Pasig Regional Trial Court Branch 155 (under Presiding Judge Maria Gracia Cadiz-Casaclang) granted the motion filed by the Department of Justice to withdraw the criminal information Napoles filed against Luy last year.
Luy, speaking through a source close to him, told the Inquirer that he was gladdened by the court’s decision.
“There’s a God and He is a just one. I thank Him for his continued blessings and those who believe in us,” Luy said.
Leverage case
“I knew all along that it was a leverage case against me and I’m happy that justice is served this early,” Luy said.
Luy’s lawyer Raji Mendoza said: “We are relieved and thankful for the dismissal. We laud the court for seeing through Napoles’ intentions in filing the case.”
Mendoza said it was obvious that Napoles brought the case to retaliate against Luy for exposing her PDAF operations.
Arellano said the court’s decision was based on a motion filed by the DOJ after it issued a resolution dated April 28, 2014, where the department reversed and set aside the resolution of the city prosecutor of Pasig City dated June 25, 2013, to make Luy stand trial for qualified theft.
The DOJ resolution also recommended the withdrawal of the information against Luy, he said.
Motion for reconsideration
Arellano said the DOJ filed the motion to withdraw the information after granting Luy’s motion for reconsideration.
Napoles sued Luy, her nephew, claiming that he pocketed P300,000, which she asked him to deposit in her bank account in December 2012.
The qualified theft case was one of the reasons why Napoles reportedly forced Luy to go on a retreat.
This led to Luy’s parents filing a complaint of serious illegal detention against Napoles in the National Bureau of Investigation, which launched a rescue operation.
It was during the hearings at the DOJ for the serious illegal detention case that Luy reportedly exposed the PDAF scam.
The court, in dismissing the case, said it could not find any evidence showing that the money was taken by Luy.
It said there was not enough probable cause to proceed to a trial.
The case was dismissed “with prejudice,” meaning it can no longer be refiled.–With Tetch Torres-Tupas, INQUIRER.net
Originally posted at 9:52 pm | Wednesday, July 9, 2014
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